how to beat a confidential informant

If you need help defending yourself from these cases, our criminal defense firm can help. 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. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 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. Yes, a felon can be an informant. Once the government uses you as a CI, they can be done with you. Once I reached out to Matt he was back in touch within the hour. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Stay up-to-date with how the law affects your life. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Guadalupe Juarez/AFP/Getty Images Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. 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 . Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. It depends. startxref A still from a video in which Lalo talks about his case. There may be other reasons why the identity of the CI will be revealed. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. A lock ( A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. So where are we going to find any help if we can't trust the U.S.? If youre worried about how to beat a confidential informant, let the, represent you. Lalo wasn't looking to make a deal. A common myth that is absolutely not true is that confidential informants do not testify in trials. The problem is that there is no one to police the police. Informants nationwide end up beaten, tortured and dead once they're found out. This video explains the risks and benefits of working as a police confidential informant. And Lalo was with them. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Skip to content. 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. There must be some legal guarantee that a CI's info is good. The crux revolves around the confidential part of the confidential informant. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Official websites use .gov A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. The information provided on this site is not legal how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. In general, the Government goes to great lengths to not reveal the identity of snitches. Believe it or not it is legal for law enforcement to pay a government snitch! Absolutely. An official website of the United States government, Department of Justice. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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 often comes to light that things may not be as they seem and this can greatly help your defense. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. xb```Il@r/ 0! CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. Mathew is really eloquent and smart. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. ICE says it learned some lessons dealing with Lalo. Do not wait to start working on your defense. You may not see or notice the police. It is not like the old school movies where you can see a wire taped under someones shirt. Can a REDDI Report Be the Legal Basis for a Traffic Stop? In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. The Client Review Rating score is determined through the aggregation of validated responses. The purpose of the ruling is to establish an informant . However, this does not have to be the case. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. But it wasn't just the people of Juarez who were outraged. And he didn't need the money he was already making plenty in Juarez's drug trade. Login. 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. 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. Schedule a free consultation today. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. 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. You deserve the same chance at having an excellent legal defense. The CI will likely be paying with marked money. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. But in Lalo's case, he says, rogue agents didn't properly follow them. Eventually, a dozen bodies were unearthed at the site. 0000017958 00000 n ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. The reason for this is the police use the CI to gain probable cause for your arrest. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. 0000018883 00000 n "Are you kidding me? Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. NPR went there with veteran Juarez crime reporter Carlos Huerta. There are several ways to become an FBI informant. His handlers did well, too. 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. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Courtesy Texas DMV, U.S. D.O.J. . The guidelines can be used to develop or revise written directives for using and managing informants. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. and Raul Loya abstract. And gaining a better understanding of what motivates people takes time. The true identity of a confidential informant should be strictly limited to an identified number of people. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. 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. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. A responsive, knowledgeable and skilled attorney. and Raul Loya Confidential informants people who pose. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Gonzalez lodged a complaint against ICE. ) or https:// means youve safely connected to the .gov website. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). "He would say, 'We're going to have a barbecue.' A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. 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. xref How Much Jail Time for Felony Grand Theft? To the U.S. government, he was officially informant No. Possess or use a dangerous drug. But during our interview, ICE said that handbook still isn't finished. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Call 954-845-0505 today. "It just made me sick," he says. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, Sign up. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. We called after our son was arrested for a crime he committed nearly 9 months earlier. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. 0000001273 00000 n And the devices are constantly evolving and improving. listings on the site are paid attorney advertisements. I couldn't believe it," says the DEA's Sandalio Gonzalez. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Bencomo says the agents were told that Santillan was the No. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. All rights reserved.|Disclaimer|Privacy policy. The CI may be wearing a wire or recording device. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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". Highlight information that would indicate their dishonesty or bias. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. A few other articles found on the internet will give an expanded version of that list. 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. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. These guys are El Paso's version of the Keystone Kops," Loya says. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. %%EOF The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. 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. "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.". Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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? "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. He says Lalo was the keeper of the keys. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. confidential relationship is or should be formed by use of the site. The pros and cons of being a confidential informant. I had to go to the restroom and throw up. 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. Courtesy Texas DMV, U.S. D.O.J. Ashok Dhamija "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" 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. there are basically two types of police investigation, reactive and proactive. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. 0000001094 00000 n A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Understanding an informants motives for providing information is fundamental to managing them effectively. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. 0000032339 00000 n The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 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. Visit our attorney directory to find a lawyer near you who can help. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. "I don't know if they are going to keep me here for the rest of my life," he said. 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. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. To the U.S. government, he was officially informant No. But as that investigation started, ICE's prized snitch came under suspicion. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 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. 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. Confidential Informants can never be 100% protected by the Government or anyone else. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. 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 . On the tape, Lalo looks more like a victim than a drug thug. Contact us. Meeting with a lawyer can help you understand your options and how to best protect your rights. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Being a CI is a very dangerous, risky endeavor. An attorney may help you weigh your options. 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 We contacted our attorney in the state where we live and he recommended Matt to us. This story was produced for broadcast by Marisa Penaloza. He also helped crack a major international cigarette smuggling ring. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 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. Is a Confidential Informant Truthful? According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 913, though most called him by the nickname Lalo. Once the case was done, ICE was also done with Lalo. Lalo has been in solitary confinement for more than five years. 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. 3 man in the Juarez cartel. 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. trailer Exculpatory evidence is evidence that could clear the defendant of guilt. Marvin Christensen @MarvinChristensen988. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. There may be cameras in the location that the deal takes place. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. This may result in longer prison sentences and larger fines associated with a conviction. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 5 Factors Courts Will Consider. 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. There should be an audit trail detail who has seen the true identity and when they saw it. The CI knows he/she is working as a snitch, but you do not. For a free legal consultation, call 215.515.3360. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. 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. "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. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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 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. hide caption. Contact Susan Williams today for a free consultation. All these only go to reinforce stereotypes. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. code or county). If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. "It was so horrible. 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. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Here in Mexico, there is no justice, only impunity. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. We came back night after night to see how many they dug up.". 0000000884 00000 n The attorney a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. "In my mind, he was given a license to kill.".

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