You deserve the same chance at having an excellent legal defense. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict 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. 0000032339 00000 n The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. So where are we going to find any help if we can't trust the U.S.? Throughout, he maintained consistent communication each step of the way until my case was resolved. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. %%EOF This field is for validation purposes and should be left unchanged. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Jeralyn Elise Merritt (Unclaimed Profile). Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 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. Secure .gov websites use HTTPS It is possible to beat drug trafficking charges. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. and Raul Loya. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. How Can Mitigation Help Get Me The Lowest Possible Sentence? ICE says it learned some lessons dealing with Lalo. The problem is that there is no one to police the police. 0000000016 00000 n 28 How To Beat A Confidential Informant 02/2023 - KTHN All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. The Client Review Rating score is determined through the aggregation of validated responses. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 2. There are several ways to become an FBI informant. 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 . Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. There are two opportunities to find out the identity of a confidential informant: before and during trial. A still from a video in which Lalo talks about his case. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "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.' At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. "I don't know if they are going to keep me here for the rest of my life," he said. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Visit our attorney directory to find a lawyer near you who can help. He also tried to get Congress to investigate, but that went nowhere. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Motives and Motivations of Confidential Informants Opinion | Want to make a million? Become a DEA informant. Understanding motive and motivation. 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. Guadalupe Juarez/AFP/Getty Images The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. We will review the facts surrounding your unique case and provide you with honest answers. Your access of/to and use How To Beat A Confidential Informant - Wakelet And gaining a better understanding of what motivates people takes time. Courtesy Raul Loya By searching the informant, surveilling the buy, and taking other similar measures, the goal is to eliminate the possibility that the informant could plant the drugs on the suspect in order to fulfill the deal with the police. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. A simple he-said-she-said backed up with no observations won't be worth much in court. Stay up-to-date with how the law affects your life. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. 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). What Is a Confidential Informant? - Randall & Stump, Criminal Defense Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw abstract. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 6. and Raul Loya "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.". 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. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. %PDF-1.3 % This story was produced for broadcast by Marisa Penaloza. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. of this site is subject to additional If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. hide caption. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Law enforcement will often corroborate a CI's information with consistent observations by officers. He explained to my husband and I what my son was facing. What evidence is needed to make a drug bust? Identities should be stored in a system with the highest level of security and with Role Based Access Control. Therefore, they wont be able to provide any information. Informants. 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. Schedule a free consultation today. And the CI must answer the question truthfully or else possibly face sanctions in court. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Police and prosecutors generally want to keep the identity of their CI a secret. 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. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. However, an informant whos been burnt obviously wont be trusted in their typical circles. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. "We stayed there all night and watched as they pulled out bodies," Magana says. 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. After all, the average CI is a People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. Courtesy Texas DMV, U.S. D.O.J. Once the government uses you as a CI, they can be done with you. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Kansas bill would give context about jailhouse informants | The Kansas Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. It is important for law enforcement to protect the credibility of the informant as much as possible. "I was shocked. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. A lock ( a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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. However, you need a tireless defense team fighting on your behalf. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This is the first time that Bencomo has talked publicly. 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. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Timeline: An ICE Informant Run Amok Or Mishandled? Official websites use .gov "What is wrong with this picture?". Terms of Service apply. Do not wait to start working on your defense. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. How to discredit a confidential informant during a criminal trial - Quora "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. This decision can affect you and others for the rest of your life. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. The monograph is organized around the confidential informant's employment . "I believe in some kind of justice, and I think I was doing something good," he said. How to beat a confidential informant - Quora All rights reserved.|Disclaimer|Privacy policy. Copyright 2023 MH Sub I, LLC dba Internet Brands. But as that investigation started, ICE's prized snitch came under suspicion. (The capacity for telling lies is called "mendacity," in case you were wondering.) 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. It is not like the old school movies where you can see a wire taped under someones shirt. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. He also helped crack a major international cigarette smuggling ring. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Lalo has been in solitary confinement for more than five years. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. 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. Courtesy Texas DMV, U.S. D.O.J. LockA locked padlock Should You Work as a Police Confidential Informant? Defense - YouTube I had to go to the restroom and throw up. Saying they have a CI may be a cover for ill-gotten evidence and information. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. The Case Of A Confidential Informant Gone Wrong : NPR Learning the Identity of a Confidential Informant - Nolo 0000018883 00000 n 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. How To Find Out If Someone Is A Police Informant [It is only available to law enforcement.]. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Possess or use a dangerous drug. We called after our son was arrested for a crime he committed nearly 9 months earlier. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Drug Informants: Motives, Methods, and Management If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. As with most things in the legal world, knowing how to beat a CI depends on your case. Call 954-845-0505 any time, day or night, to speak with a member of our team. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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 is the point in time some potential clients reach out to a criminal defense lawyer for advice. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. The killings in Juarez took place more than six years ago. The police can use information gained from the CI about you that the Government can use when prosecuting your case. But it wasn't just the people of Juarez who were outraged. The best way to beat the system and stay out of prison is don't break the law. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. 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? Drug Use and The Use of a Confidential Informant | Ketcham Law by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. In all, there were 12 victims. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. Bencomo says the agents were told that Santillan was the No. The purpose of the ruling is to establish an informant . It has been dubbed the House of Death. 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, The CI is assigned a CI number and agrees to provide information about your case to the police. 0000001540 00000 n 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. 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. "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. Being a CI is a very dangerous, risky endeavor. 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. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. It all depends on the facts of your case. To the U.S. government, he was officially informant No. CONFIDENTIAL INFORMANTS - Official FBIretired Website No, the identity of informants are not public record. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Absolutely. NPR went there with veteran Juarez crime reporter Carlos Huerta. Becoming an Informant | Office of Justice Programs Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. Lawyers from our extensive network are ready to answer your question. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. Contact Susan Williams today for a free consultation. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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. 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. Distinguished: An excellent rating for a lawyer with some experience. Call 954-845-0505 today. 0 Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida.

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