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 best way to beat the system and stay out of prison is don't break the law. 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. "It just made me sick," he says. The pros and cons of being a confidential informant. 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. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. The killings in Juarez took place more than six years ago. 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. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Confidential Informants can never be 100% protected by the Government or anyone else. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. Drug smuggling turned out to be the least of Lalo's exploits. A. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". I took the recording and I told my supervisor that I didn't wish to be part of the case. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. We came back night after night to see how many they dug up.". Marvin Christensen @MarvinChristensen988. Highlight information that would indicate their dishonesty or bias. The guidelines can be used to develop or revise written directives for using and managing informants. Yes, in some circumstances the police will pay a person to be a CI. But she did. 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. Matt was available throughout the process for consultations with both my son and his parents. The monograph is organized around the confidential informant's employment . If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: [email protected] We provide the best confidential informant training available. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. The use of informants by police is essentially unregulated by the courts. There are two opportunities to find out the identity of a confidential informant: before and during trial. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. The memo stated that those rules would be part of a new policy handbook. %PDF-1.3 % Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. So where are we going to find any help if we can't trust the U.S.? "I had to go to the restroom and throw up. 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. You must have an associate's degree and a bachelor's degree in the relevant areas. But in Lalo's case, he says, rogue agents didn't properly follow them. 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. 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? You cant enforce these agreements or conversations. 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. 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. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. An exchange for leniency in the charges against the informant generally occurs in these situations. There may be other reasons why the identity of the CI will be revealed. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. See are article relating to Missouri's witness protection program and the lack of uptake. In the end the police are working for the government and you are left holding the bag. The problem is that there is no one to police the police. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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). 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. 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. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Lawyers from our extensive network are ready to answer your question. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. 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? 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). Choosing the right attorney can be the most important step youll ever take. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. It just made me sick. Lalo has been in solitary confinement for more than five years. Jeralyn Elise Merritt (Unclaimed Profile). To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. listings on the site are paid attorney advertisements. 0000017403 00000 n It is important for law enforcement to protect the credibility of the informant as much as possible. 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. 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. %%EOF Are Confidential Informants Credible? It hit me like cold water in the face; it just feels terrible. Schedule a free consultation today. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. He's clean-cut and clearly educated. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. I am not saying my child didnt have a breakdown. The majority of informants are those working off . Active listening for police - a skill for conflict avoidance. It's also the least painful and expensive. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. For now, he said, jail is better than the fate he faces in Mexico. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. NPR went there with veteran Juarez crime reporter Carlos Huerta. The government does not have the resources or time to do this. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 0000001540 00000 n Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. hide caption. 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. 0000001273 00000 n For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. The true identity of a confidential informant should be strictly limited to an identified number of people. Courtesy Texas DMV, U.S. D.O.J. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. To the U.S. government, he was officially informant No. 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. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. A responsive, knowledgeable and skilled attorney. reCAPTCHA and the Google Privacy Policy and 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. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. Skip to content. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. Fortunately we have done it for you. The CI may be charged with a serious drug (or other) criminal offense. The agency began deportation proceedings with the intention of sending him back to Mexico. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. "I believe in some kind of justice, and I think I was doing something good," he said. 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. Courtesy Texas DMV, U.S. D.O.J. 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. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Mathew did an amazing job in court. and Raul Loya Confidential informants people who pose. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. "We stayed there all night and watched as they pulled out bodies," Magana says. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Penalties for Drug Possession Charges as a Minor. 5. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. The information provided on this site is not legal All rights reserved.|Disclaimer|Privacy policy. After all, the average CI is a Bencomo says the agents were told that Santillan was the No. (The capacity for telling lies is called "mendacity," in case you were wondering.) Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. A person shall not knowingly: 1. On the tape, Lalo looks more like a victim than a drug thug. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Throughout, he maintained consistent communication each step of the way until my case was resolved. My reservations were quickly eased during my initial consultation. His sincerity, empathy and commitment to advocating on my behalf were apparent. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. "I don't know if they are going to keep me here for the rest of my life," he said. The identity of the CI can be necessary to a Defendants defense in their criminal case. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. You will not be able to notice the marks. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Call 954-845-0505 today. 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. 913, though most called him by the nickname Lalo. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". It is possible to beat drug trafficking charges. he says. 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. For a quick fix solution Wikipedia provides a list of potential motivations. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Here in Mexico, there is no justice, only impunity. 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. The CI knows he/she is working as a snitch, but you do not. The CI may be wearing a wire or recording device. The guidelines can be used to develop or revise written directives for using and managing informants. "There were these code words that the bosses would say to Lalo," Huerta says. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. For a free legal consultation, call 215.515.3360. Our son was distraught and frightened and Matt was very reassuring and supportive. 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. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Visit https://www.gustitislaw.com for more information about inform. Ashok Dhamija In my mind, he was given a license to kill. 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 . 0000000966 00000 n A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. However, this does not have to be the case. Lalo's information was on the mark. In general, the Government goes to great lengths to not reveal the identity of snitches. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". 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. Police and prosecutors generally want to keep the identity of their CI a secret. 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. A still from a video in which Lalo talks about his case. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Is a Confidential Informant Truthful? 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. "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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." Why did the chicken cross the road ? 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. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Your access of/to and use "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 0000032775 00000 n His handlers did well, too. Every day that passes is another day that the prosecutors office is working to secure your guilt. And gaining a better understanding of what motivates people takes time. Courtesy Texas DMV, U.S. D.O.J. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. What evidence is needed to make a drug bust? abstract. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Bencomo says Lalo was different from other informants. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Official websites use .gov But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. confidential relationship is or should be formed by use of the site. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. 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. No, the identity of informants are not public record. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". <<59BC4FB09E3701468D15B956FB86861C>]>> Both federal and state law enforcement officers use confidential informants. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. What Are the Different Types of Injunctions in Florida? 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.