how to beat a confidential informant
how to beat a confidential informant
It hit me like cold water in the face; it just feels terrible. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. A person shall not knowingly: 1. He also tried to get Congress to investigate, but that went nowhere. The CI will likely be paying with marked money. You order drugs from the CI. He says that the agency's guidelines for using confidential informants are sound. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. The use of informants by police is essentially unregulated by the courts. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. "It hit me like cold water in the face; it just feels terrible. Courtesy Texas DMV, U.S. D.O.J. You impeach them on the stand, which discredits the evidence, information, and testimony they give. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Active listening for police - a skill for conflict avoidance. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. confidential relationship is or should be formed by use of the site. For now, he said, jail is better than the fate he faces in Mexico. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 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. 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. The reason for this is the police use the CI to gain probable cause for your arrest. Stay up-to-date with how the law affects your life. The killings in Juarez took place more than six years ago. The guidelines can be used to develop or revise written directives for using and managing informants. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. A .gov website belongs to an official government organization in the United States. Read More >>. Demonstrate any past instances of false or invalidated evidence or information they have provided. But this is nearly non-existent in state cases and rare, at best, in federal cases. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. %PDF-1.3 % The identity of the CI can be necessary to a Defendants defense in their criminal case. Gonzalez lodged a complaint against ICE. The Drug Enforcement Administration blacklisted him. 0 A responsive, knowledgeable and skilled attorney. 129 0 obj <> endobj Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 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? At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. 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. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Learn more As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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? Uses their relationship with the FBI to have local, state, and Federal charges dismissed. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Being a CI is a very dangerous, risky endeavor. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. The crux revolves around the confidential part of the confidential informant. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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. Your access of/to and use Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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? 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. 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. 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. 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. Bencomo says the agents were told that Santillan was the No. Matt was available throughout the process for consultations with both my son and his parents. The CI may do controlled buys. This means that the CI will have an agreement with the police. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. This decision can affect you and others for the rest of your life. Lalo has been in solitary confinement for more than five years. 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. His sincerity, empathy and commitment to advocating on my behalf were apparent. But as that investigation started, ICE's prized snitch came under suspicion. 3. Marvin Christensen @MarvinChristensen988. 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. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 0000017403 00000 n 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. What are the different Martindale-Hubbell Peer Review Ratings?*. 0000001094 00000 n 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. See are article relating to Missouri's witness protection program and the lack of uptake. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. The guidelines can be used to develop or revise written directives for using and managing informants. Possibly, yes. Matthew and his team made calls and were very persistent. 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. It has been dubbed the House of Death. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. Jeralyn Elise Merritt (Unclaimed Profile). 129 14 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. 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. The majority of informants are those working off . 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. The CI knows he/she is working as a snitch, but you do not. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. He explained to my husband and I what my son was facing. Guadalupe Juarez/AFP/Getty Images Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Put crudely . There are several ways to become an FBI informant. A common myth that is absolutely not true is that confidential informants do not testify in trials. Former agent Bencomo remembers listening to the tape. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 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. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 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. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. His performance in court was outstanding and gave me a big victory. The police have the upper hand on CIs. 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. The CI must provide 100% honest information. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. In any case, the outcome will most likely benefit you as the defendant. 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. 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. "Are you kidding me? In all, there were 12 victims. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. For a free legal consultation, call 215.515.3360. Supplemental Terms. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Absolutely. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 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. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Head of the criminal defense division and fellow partner Matt Shafran is an experienced criminal defense attorney in Florida who is ready and willing to fight aggressively in a court of law to defend your rights. 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. On the tape, Lalo looks more like a victim than a drug thug. <<59BC4FB09E3701468D15B956FB86861C>]>> 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. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. However, the above measures are extra insurance for the police, they are not required. After all, the average CI is a Confidential informants arent the same as anonymous sources or tipsters. [It is only available to law enforcement.]. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. It is ugly. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. It just made me sick. Contact us. Highlight information that would indicate their dishonesty or bias. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Lalo's information was on the mark. Terms of Service apply. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. And the devices are constantly evolving and improving. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 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. We found ourselves against all odds. 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. This site is protected by It often comes to light that things may not be as they seem and this can greatly help your defense. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 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. 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. 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. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. "There were these code words that the bosses would say to Lalo," Huerta says. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. This website is for general informational purposes only. (The capacity for telling lies is called "mendacity," in case you were wondering.) I couldn't believe it," says the DEA's Sandalio Gonzalez. This may result in longer prison sentences and larger fines associated with a conviction. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. If youre worried about how to beat a confidential informant, let the, represent you. We called after our son was arrested for a crime he committed nearly 9 months earlier. The majority of informants are those working off their own cases. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. The most common way to become an FBI informant is to be approached by the FBI. 1 ANSWER. 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. Mathew is really eloquent and smart. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. The feds paid Lalo well: nearly $250,000 over four years. Some people have heard of the witness protection program in movies or TV shows. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. abstract. 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. No, the identity of informants are not public record. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Theres another reason police may want to keep the identity of their informant a secret: they dont have one.