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. 0000001540 00000 n State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. 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. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. A common myth that is absolutely not true is that confidential informants do not testify in trials. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. "I had to go to the restroom and throw up. 0000000884 00000 n The reason for this is the police use the CI to gain probable cause for your arrest. 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. But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. 3. 0 For a free legal consultation, call 215.515.3360. It is possible to beat drug trafficking charges. We contacted our attorney in the state where we live and he recommended Matt to us. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. It is not like the old school movies where you can see a wire taped under someones shirt. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Lalo wasn't looking to make a deal. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. The state will do its best to not reveal the identity of the CI. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Active listening for police - a skill for conflict avoidance. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. It's also the least painful and expensive. The crux revolves around the confidential part of the confidential informant. 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. 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. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. This may result in longer prison sentences and larger fines associated with a conviction. 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? Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. For a quick fix solution Wikipedia provides a list of potential motivations. Supplemental Terms. Read More >>. This website is for general informational purposes only. The use of informants by police is essentially unregulated by the courts. Lawyers from our extensive network are ready to answer your question. In my mind, he was given a license to kill. I took the recording and I told my supervisor that I didn't wish to be part of the case. What Is the Difference between Kidnapping and False Imprisonment. Law enforcement will often corroborate a CI's information with consistent observations by officers. 913, though most called him by the nickname Lalo. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. The pros and cons of being a confidential informant. The true identity of a confidential informant should be strictly limited to an identified number of people. Contributing to the Delinquency of a Minor. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Details for individual reviews received before 2009 are not displayed. You deserve the same chance at having an excellent legal defense. But that is the sobering truth of being a CI. Login. The content of the responses is entirely from reviewers. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. 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. Our consultant Dr John Buckley will be. 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 . ZIP Yes, a felon can be an informant. 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. This is very wrong and a misconception. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. And the CI must answer the question truthfully or else possibly face sanctions in court. While we continue to believe that the motives of a confidential informant can be summarized in one or two words, for example, fear, money or a reduced sentence, our interactions with them will always remain superficial and be fraught with risk. 129 14 Courtesy Raul Loya Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Timeline: An ICE Informant Run Amok Or Mishandled? Drug smuggling turned out to be the least of Lalo's exploits. "And you have to act like a criminal.". You order drugs from the CI. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 6. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. listings on the site are paid attorney advertisements. Marvin Christensen @MarvinChristensen988. But it wasn't just the people of Juarez who were outraged. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. for the objects of police raids if things go awry. However, you need a tireless defense team fighting on your behalf. 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. about FindLaws newsletters, including our terms of use and privacy policy. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. 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 . Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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. The purpose of the ruling is to establish an informant . It can also be risky for the prosecution if they must give the CIs identity to the defense later. Possess a dangerous drug for sale. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. 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. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 0000017958 00000 n This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. We called after our son was arrested for a crime he committed nearly 9 months earlier. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. 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. "In my mind, he was given a license to kill.". Confidential Informant Testifies as Government Witness. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 0000001712 00000 n The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Schedule a free consultation today. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. and Raul Loya Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Among the victims were two U.S. residents. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. ICE says the fault lies with former agent Bencomo, Lalo's handler. Answer (1 of 5): The first thing you need to do is know your enemy. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. All these only go to reinforce stereotypes. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. 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. 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. The CI may be wearing a wire or recording device. It just made me sick. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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). My reservations were quickly eased during my initial consultation. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. ) or https:// means youve safely connected to the .gov website. The CI may be charged with a serious drug (or other) criminal offense. In all, there were 12 victims. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. "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.' These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . It is ugly. I had to go to the restroom and throw up. This is something that can be used to impeach him when he testifies. 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. 0000032775 00000 n 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. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. You cant enforce these agreements or conversations. 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. The attorney xref If youre worried about how to beat a confidential informant, let the, represent you. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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. How Much Jail Time for Felony Grand Theft? 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. Every day that passes is another day that the prosecutors office is working to secure your guilt. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. His handlers did well, too. "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. No one. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. 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. See are article relating to Missouri's witness protection program and the lack of uptake. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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. 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. I am not saying my child didnt have a breakdown. "So where are we going to find any help if we can't trust the U.S.?". There may be cameras in the location that the deal takes place. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. But during our interview, ICE said that handbook still isn't finished. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. Therefore, they wont be able to provide any information. The CI will contact you or maybe you contact the CI. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. 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 is the first time that Bencomo has talked publicly. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. However, this does not have to be the case. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Put crudely .
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