The amount of a drug for which trafficking charges are applicable varies depending on the substance. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. "I was shocked. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? A .gov website belongs to an official government organization in the United States. The reason for this is the police use the CI to gain probable cause for your arrest. This video explains the risks and benefits of working as a police confidential informant. Possess a dangerous drug for sale. "So where are we going to find any help if we can't trust the U.S.?". In all, there were 12 victims. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. and Raul Loya The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. hide caption. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. "Are you kidding me? There are legal defenses available to you. he says. Once the case was done, ICE was also done with Lalo. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. He explained to my husband and I what my son was facing. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. Those are . Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Lalo has been in solitary confinement for more than five years. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. However, the above measures are extra insurance for the police, they are not required. 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. %PDF-1.3 % An official website of the United States government, Department of Justice. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. This site is protected by Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Choosing the right attorney can be the most important step youll ever take. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. In this hour of need and when this medical pro Mat was such a relief to our family! As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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? If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. ZIP The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. But he had his reasons for informing on the drug gang. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Understanding motive and motivation. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. . Marvin Christensen @MarvinChristensen988. It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. All rights reserved.|Disclaimer|Privacy policy. It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. 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. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 0 That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. And Lalo was with them. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. Read More >>. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. Secure .gov websites use HTTPS We came back night after night to see how many they dug up.". A. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. Call 954-845-0505 today. Law enforcement will often corroborate a CI's information with consistent observations by officers. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. As with most things in the legal world, knowing how to beat a CI depends on your case. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. Matthew and his team made calls and were very persistent. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Both federal and state law enforcement officers use confidential informants. Then, at trial, the Government calls the . Yes, a felon can be an informant. But she did. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Typically, the process requires that the confidential informant be thoroughly searched before going into the controlled buy to ensure they are not already in possession of any drugs. Thus, a court needs some basis for a CI's allegations. A lock ( Supplemental Terms. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. . 0000001094 00000 n You order drugs from the CI. The government does not have the resources or time to do this. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). It is ugly. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. Fabricating a confidential informant can lead to dire consequences. 0000017958 00000 n What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. 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? 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. What are the different Martindale-Hubbell Peer Review Ratings?*. 0000000966 00000 n It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. These guys are El Paso's version of the Keystone Kops," Loya says. 5 Factors Courts Will Consider. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Courtesy Raul Loya %%EOF Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. 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. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. Sign up. Can a felon be a confidential informant? Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. To the U.S. government, he was officially informant No. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. The informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact Susan Williams today for a free consultation. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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. If you need help defending yourself from these cases, our criminal defense firm can help. All rights reserved. in the former, a crime is reported to the police and an investigation is initiated; in the latter . My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. Copyright 2023 MH Sub I, LLC dba Internet Brands. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Copyright 2023 Weinstein Legal. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. This field is for validation purposes and should be left unchanged. You may feel you are being watched. 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. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Active listening for police - a skill for conflict avoidance. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Saying they have a CI may be a cover for ill-gotten evidence and information. Terms of Service apply. 1 ANSWER. ) or https:// means youve safely connected to the .gov website. But that is the sobering truth of being a CI. 0000000576 00000 n The informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. and Raul Loya Confidential informants people who pose. 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 . The CI must provide 100% honest information. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. A responsive, knowledgeable and skilled attorney. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. No, the identity of informants are not public record. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. This story was produced for broadcast by Marisa Penaloza. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. We contacted our attorney in the state where we live and he recommended Matt to us. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Bencomo says the agents were told that Santillan was the No. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. This important decision can affect you the rest of your life and possibly even your loved ones or friends. How Can Mitigation Help Get Me The Lowest Possible Sentence? Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. It's also the least painful and expensive. 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. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. 142 0 obj<>stream "I really was doing something good," he said. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. This website is for general informational purposes only. There should be an audit trail detail who has seen the true identity and when they saw it. Do not allow any of these things to happen to you. 129 0 obj <> endobj 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. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. "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.". Our consultant Dr John Buckley will be. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. After all, the average CI is a A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 913, though most called him by the nickname Lalo. Typically, the process requires that the confidential informant be thoroughly searched before going into the controlled buy to ensure they are not already in possession of any drugs. He also tried to get Congress to investigate, but that went nowhere. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 0000001273 00000 n Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. The agency began deportation proceedings with the intention of sending him back to Mexico. 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. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. Gonzalez lodged a complaint against ICE. listings on the site are paid attorney advertisements. In any case, the outcome will most likely benefit you as the defendant. Some people have heard of the witness protection program in movies or TV shows. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. reCAPTCHA and the Google Privacy Policy and 0000017403 00000 n This decision can affect you and others for the rest of your life. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. How credible is the confidential informant? Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. But during our interview, ICE said that handbook still isn't finished. It is important for law enforcement to protect the credibility of the informant as much as possible. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. 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 . Confidentiality is what makes the informant valuable. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. "I don't know if they are going to keep me here for the rest of my life," he said. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. 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.
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how to beat a confidential informant