how to beat a confidential informant

This website is for general informational purposes only. Are Confidential Informants Credible? Terms of Service apply. Possess or use a dangerous drug. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. he says. How Can Mitigation Help Get Me The Lowest Possible Sentence? This is the first time that Bencomo has talked publicly. If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. He explained to my husband and I what my son was facing. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. If you need help defending yourself from these cases, our criminal defense firm can help. Confidential Informants can never be 100% protected by the Government or anyone else. The CI may be required to testify in a trial of the person they are snitching on. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. How Do You Beat a Drug Trafficking Charge in Florida? The fact that the confidential informant is often a convicted felon, their credibility is already at issue. The pros and cons of being a confidential informant. He also tried to get Congress to investigate, but that went nowhere. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Among the victims were two U.S. residents. If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. This site is protected by The majority of informants are those working off their own cases. Guadalupe Juarez/AFP/Getty Images A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. Bencomo says the agents were told that Santillan was the No. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. And he didn't need the money he was already making plenty in Juarez's drug trade. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. How Much Jail Time for Felony Grand Theft? Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. xb```Il@r/ 0! Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. Throughout, he maintained consistent communication each step of the way until my case was resolved. he really cares and goes beyond 100% to help his clients. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The government does not have the resources or time to do this. Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. There may be cameras in the location that the deal takes place. A. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Do not wait to start working on your defense. It is possible to beat drug trafficking charges. But Bencomo stayed on, and so did Lalo. for the objects of police raids if things go awry. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. The information provided on this site is not legal Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt relationship. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. "I had to go to the restroom and throw up. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. The Drug Enforcement Administration blacklisted him. 0 Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. 0000000016 00000 n Courtesy Texas DMV, U.S. D.O.J. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Criminal Defense Attorney in Philadelphia. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. And the CI must answer the question truthfully or else possibly face sanctions in court. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. Do not allow any of these things to happen to you. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. The crux revolves around the confidential part of the confidential informant. 142 0 obj<>stream Eventually, a dozen bodies were unearthed at the site. "In my mind, he was given a license to kill.". There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. It can also be risky for the prosecution if they must give the CIs identity to the defense later. ICE says the fault lies with former agent Bencomo, Lalo's handler. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Informants. Police and prosecutors generally want to keep the identity of their CI a secret. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. "It was so horrible. Here in Mexico, there is no justice, only impunity," Magana says. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. This is something that can be used to impeach him when he testifies. A common myth that is absolutely not true is that confidential informants do not testify in trials. Read More >>. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. These guys are El Paso's version of the Keystone Kops," Loya says. We called after our son was arrested for a crime he committed nearly 9 months earlier. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. Courtesy Texas DMV, U.S. D.O.J. In general, the Government goes to great lengths to not reveal the identity of snitches. The purpose of the ruling is to establish an informant . It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. %%EOF In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Highlight information that would indicate their dishonesty or bias. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. Understanding an informants motives for providing information is fundamental to managing them effectively. Contact Susan Williams today for a free consultation. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. startxref In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. He's clean-cut and clearly educated. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. in the former, a crime is reported to the police and an investigation is initiated; in the latter . There is no obligation from the Government to protect you the rest of your life because you served as a CI. "So where are we going to find any help if we can't trust the U.S.?". My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. And the devices are constantly evolving and improving. %PDF-1.3 % and Raul Loya. So how can a court find a CI's testimony to be credible? And Lalo was with them. Our consultant Dr John Buckley will be. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. Understanding motive and motivation. Lalo's information was on the mark. [It is only available to law enforcement.]. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. So where are we going to find any help if we can't trust the U.S.? You must have an associate's degree and a bachelor's degree in the relevant areas. 913, though most called him by the nickname Lalo. Once I reached out to Matt he was back in touch within the hour. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. "I was shocked. The required areas are criminal justice, law enforcement, police science, etc. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. An official website of the United States government, Department of Justice. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. The majority of informants are those working off . Can a felon be a confidential informant? The Client Review Rating score is determined through the aggregation of validated responses. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. He also helped crack a major international cigarette smuggling ring. In any case, the outcome will most likely benefit you as the defendant. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. This field is for validation purposes and should be left unchanged. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. An attorney may help you weigh your options. Copyright 2023 MH Sub I, LLC dba Internet Brands. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. You may feel trapped by serving as a Government informant. Confidential Informant Testifies as Government Witness. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. The guidelines can be used to develop or revise written directives for using and managing informants. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Copyright 2022, Thomson Reuters. Is a Confidential Informant Truthful? Matthew and his team made calls and were very persistent. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. about FindLaws newsletters, including our terms of use and privacy policy. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Put crudely . This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. In the end the police are working for the government and you are left holding the bag. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. But this is nearly non-existent in state cases and rare, at best, in federal cases. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. "Are you kidding me? However, this does not have to be the case. It has been dubbed the House of Death. However, this does not have to be the case. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The attorney A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Jeralyn Elise Merritt (Unclaimed Profile). How credible is the confidential informant? According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. "I don't know if they are going to keep me here for the rest of my life," he said. there are basically two types of police investigation, reactive and proactive. Once the government uses you as a CI, they can be done with you. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. 0000017958 00000 n 0000000576 00000 n Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Then, at trial, the Government calls the . Drug smuggling turned out to be the least of Lalo's exploits. A lock ( Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Login. You will not be able to notice the marks. It just made me sick. You may not see or notice the police. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . You may feel you are being watched. Thank you Mathew!! Even with the promise of payment, the decision to become a CI is very dangerous. Some people have heard of the witness protection program in movies or TV shows. The true identity of a confidential informant should be strictly limited to an identified number of people. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. A still from a video in which Lalo talks about his case. "There were these code words that the bosses would say to Lalo," Huerta says. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. No one. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant,

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