How Can Mitigation Help Get Me The Lowest Possible Sentence? Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Call 954-845-0505 today. Visit our attorney directory to find a lawyer near you who can help. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Share sensitive information only on official, secure websites. You may feel trapped by serving as a Government informant. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Guadalupe Juarez/AFP/Getty Images and Raul Loya 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. Contact Susan Williams today for a free consultation. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Copyright 2023 MH Sub I, LLC dba Internet Brands. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. What Are the Different Types of Injunctions in Florida? Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Former agent Bencomo remembers listening to the tape. 0000017958 00000 n
Are Confidential Informants Credible? 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 . The government could decide to charge someone who does that with obstruction of justice, among other things. 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. 913, though most called him by the nickname Lalo. The attorney "Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder," he says. 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. 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. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. It is possible to beat drug trafficking charges. Identities should be stored in a system with the highest level of security and with Role Based Access Control. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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? Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Police and prosecutors generally want to keep the identity of their CI a secret. 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. 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. A simple he-said-she-said backed up with no observations won't be worth much in court. You order drugs from the CI. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. PDF Confidential Informants: Protecting Their Identity 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . Here in Mexico, there is no justice, only impunity," Magana says. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Possess a dangerous drug for sale. It is important for law enforcement to protect the credibility of the informant as much as possible. 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. Bencomo says the agents were told that Santillan was the No. Understanding an informants motives for providing information is fundamental to managing them effectively. "It hit me like cold water in the face; it just feels terrible. A .gov website belongs to an official government organization in the United States. As with most things in the legal world, knowing how to beat a CI depends on your case. 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 . He is the best !! TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, What Is the Difference between Kidnapping and False Imprisonment. There must be some legal guarantee that a CI's info is good. Read More >>. Penalties for Drug Possession Charges as a Minor. 0000032339 00000 n
Details for individual reviews received before 2009 are not displayed. If you need help defending yourself from these cases, our criminal defense firm can help. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. But he had his reasons for informing on the drug gang. To the U.S. government, he was officially informant No. 913, though most called him by the nickname Lalo. Bencomo was the only one fired as a result of the Lalo fiasco. There are several ways to become an FBI informant. Lalo said his actions were necessary to maintain his cover. With every new body, the smell would hit us it was horrible. However, an informant whos been burnt obviously wont be trusted in their typical circles. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. %%EOF
By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Fortunately we have done it for you. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. His handlers did well, too. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. All these only go to reinforce stereotypes. It is not like the old school movies where you can see a wire taped under someones shirt. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. "I believe in some kind of justice, and I think I was doing something good," he said. "He would say, 'We're going to have a barbecue.' A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Experts explain how confidential informants infect the - Inlander A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. 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. How to discredit a confidential informant during a criminal trial - Quora Matt was available throughout the process for consultations with both my son and his parents. Courtesy Texas DMV, U.S. D.O.J. 0000001094 00000 n
How to Beat a Drug Trafficking Charge in Florida Both federal and state law enforcement officers use confidential informants. His performance in court was outstanding and gave me a big victory. I am not saying my child didnt have a breakdown. The problem is that there is no one to police the police. 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. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 129 14
Lalo wasn't looking to make a deal. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. Lalo has been in solitary confinement for more than five years. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Confidential Informants - Law Office of Perry A. Craft PLLC Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. A common myth that is absolutely not true is that confidential informants do not testify in trials. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Law enforcement will often corroborate a CI's information with consistent observations by officers. 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. Absolutely. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. You will not be able to notice the marks. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. These guys are El Paso's version of the Keystone Kops," Loya says. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. 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. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs Possess or use a dangerous drug. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. 0000001273 00000 n
Lawyers from our extensive network are ready to answer your question. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Criminal defense attorneys have a host of tools to do this. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 0000001889 00000 n
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. there are basically two types of police investigation, reactive and proactive. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. can you beat a controlled by Case by discrediting the - Avvo Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. I would recommend Justin without reservation to anyone seeking representation. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. This is a common issue people face when working as CIs. Drug smuggling turned out to be the least of Lalo's exploits. The required areas are criminal justice, law enforcement, police science, etc. To the U.S. government, he was officially informant No. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 5. It is ugly. Distinguished: An excellent rating for a lawyer with some experience. All rights reserved.|Disclaimer|Privacy policy. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later.
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