how to beat a confidential informant how to beat a confidential informant

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. The police have the upper hand on CIs. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. An attorney may help you weigh your options. 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. hide caption. Confidential informants arent the same as anonymous sources or tipsters. The Client Review Rating score is determined through the aggregation of validated responses. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. 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 informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. How credible is the confidential informant? Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Sign up. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. 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. "So where are we going to find any help if we can't trust the U.S.?". "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?" 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. code or county). Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Lalo has been in solitary confinement for more than five years. of this site is subject to additional 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. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Copyright 2023 MH Sub I, LLC dba Internet Brands. ZIP Believe it or not it is legal for law enforcement to pay a government snitch! So where are we going to find any help if we can't trust the U.S.? 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. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. A responsive, knowledgeable and skilled attorney. 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. 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". he says. Secondly, know all the versions of the s. 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. trailer Possibly, yes. Gonzalez lodged a complaint against ICE. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Lalo said his actions were necessary to maintain his cover. In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. Guadalupe Juarez/AFP/Getty Images He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. Demonstrate any past instances of false or invalidated evidence or information they have provided. The guidelines can be used to develop or revise written directives for using and managing informants. 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. 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 . Informants nationwide end up beaten, tortured and dead once they're found out. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). 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. And gaining a better understanding of what motivates people takes time. The police can use information gained from the CI about you that the Government can use when prosecuting your case. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Skip to content. 2. This decision can affect you and others for the rest of your life. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Official websites use .gov For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. In the end the police are working for the government and you are left holding the bag. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. But Bencomo stayed on, and so did Lalo. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 5 Factors Courts Will Consider. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. (The capacity for telling lies is called "mendacity," in case you were wondering.) 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, Your access of/to and use Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Copyright 2022, Thomson Reuters. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 0000000016 00000 n 0000001273 00000 n 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. You will not be able to notice the marks. 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. Why did the chicken cross the road ? During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 0000001712 00000 n ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Bencomo says Lalo was different from other informants. His performance in court was outstanding and gave me a big victory. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. there are basically two types of police investigation, reactive and proactive. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. Saying they have a CI may be a cover for ill-gotten evidence and information. However, this does not have to be the case. He also tried to get Congress to investigate, but that went nowhere. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. 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. He is the best !! Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. 0000000966 00000 n How Do You Beat a Drug Trafficking Charge in Florida? State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Do not allow any of these things to happen to you. In my mind, he was given a license to kill. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. Informants. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. I had to go to the restroom and throw up. His sincerity, empathy and commitment to advocating on my behalf were apparent. "In my mind, he was given a license to kill.". ICE says it learned some lessons dealing with Lalo. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. "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.". How Can Mitigation Help Get Me The Lowest Possible Sentence? Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. "I had to go to the restroom and throw up. Confidentiality is what makes the informant valuable. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. The CI is assigned a CI number and agrees to provide information about your case to the police. The more specific and detailed, the more likely a court is to accept a CI's information. Those are . The government could decide to charge someone who does that with obstruction of justice, among other things. With every new body, the smell would hit us it was horrible. Meeting with a lawyer can help you understand your options and how to best protect your rights. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. "We stayed there all night and watched as they pulled out bodies," Magana says. But it wasn't just the people of Juarez who were outraged. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. This is something that can be used to impeach him when he testifies. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Some informants have personalities that make them difficult to manage. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Eventually, a dozen bodies were unearthed at the site. startxref 913, though most called him by the nickname Lalo. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. Contributing to the Delinquency of a Minor. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Terms of Service apply. Login. The best way to beat the system and stay out of prison is don't break the law. 0000001889 00000 n Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. . It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. We called after our son was arrested for a crime he committed nearly 9 months earlier. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. for the objects of police raids if things go awry. The pros and cons of being a confidential informant. Penalties for Drug Possession Charges as a Minor. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. Law enforcement will often corroborate a CI's information with consistent observations by officers. He's clean-cut and clearly educated. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. The CI knows he/she is working as a snitch, but you do not. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Human motives and motivation is a complex subject with many competing theories. It's also the least painful and expensive. An official website of the United States government, Department of Justice. Law enforcement may keep threatening jail or charges unless you work one more deal for them. confidential relationship is or should be formed by use of the site.