how to beat a confidential informant

The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. 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 . 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. "I believe in some kind of justice, and I think I was doing something good," he said. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. It is important for law enforcement to protect the credibility of the informant as much as possible. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. But during our interview, ICE said that handbook still isn't finished. A. And he didn't need the money he was already making plenty in Juarez's drug trade. And the CI must answer the question truthfully or else possibly face sanctions in court. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. The CI knows he/she is working as a snitch, but you do not. But that is the sobering truth of being a CI. Confidentiality is what makes the informant valuable. This video explains the risks and benefits of working as a police confidential informant. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. All these only go to reinforce stereotypes. xb```Il@r/ 0! A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. To the U.S. government, he was officially informant No. The majority of informants are those working off their own cases. 0000001889 00000 n The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. After all, the average CI is a 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 was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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. The required areas are criminal justice, law enforcement, police science, etc. code or county). If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. How Can Mitigation Help Get Me The Lowest Possible Sentence? ICE says it learned some lessons dealing with Lalo. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. Matt was available throughout the process for consultations with both my son and his parents. 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. A few other articles found on the internet will give an expanded version of that list. Both federal and state law enforcement officers use confidential informants. 0000017403 00000 n 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. 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. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. You may not see or notice the police. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. This story was produced for broadcast by Marisa Penaloza. 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." Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Courtesy Texas DMV, U.S. D.O.J. Mathew did an amazing job in court. "So where are we going to find any help if we can't trust the U.S.?". for the objects of police raids if things go awry. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 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. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case.". If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Fabricating a confidential informant can lead to dire consequences. Meeting with a lawyer can help you understand your options and how to best protect your rights. But he had his reasons for informing on the drug gang. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Criminal defense attorneys have a host of tools to do this. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. The state will do its best to not reveal the identity of the CI. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Courtesy Texas DMV, U.S. D.O.J. %PDF-1.3 % 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. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. listings on the site are paid attorney advertisements. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). ) or https:// means youve safely connected to the .gov website. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Lalo's information was on the mark. NPR went there with veteran Juarez crime reporter Carlos Huerta. This decision can affect you and others for the rest of your life. "I had to go to the restroom and throw up. Schedule a free consultation today. 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, $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 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. 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. "It hit me like cold water in the face; it just feels terrible. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Share sensitive information only on official, secure websites. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. 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. Police and prosecutors generally want to keep the identity of their CI a secret. 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. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. In the end the police are working for the government and you are left holding the bag. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Are Confidential Informants Credible? A person shall not knowingly: 1. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. 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. 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. 3 man in the Juarez cartel. 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. startxref 2. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. . of this site is subject to additional 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. Yes, a felon can be an informant. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . The purpose of the ruling is to establish an informant . 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 only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. An attorney may help you weigh your options. [It is only available to law enforcement.]. An official website of the United States government, Department of Justice. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Lalo said his actions were necessary to maintain his cover. 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. "What is wrong with this picture?". If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The content of the responses is entirely from reviewers. We contacted our attorney in the state where we live and he recommended Matt to us. Official websites use .gov On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Terms of Service apply. 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. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). It can also be risky for the prosecution if they must give the CIs identity to the defense later. This site is protected by He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Learn more If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. Fortunately we have done it for you. 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. LockA locked padlock It all depends on the facts of your case. 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. Guadalupe Juarez/AFP/Getty Images My reservations were quickly eased during my initial consultation. Courtesy Texas DMV, U.S. D.O.J. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. xref Our son was distraught and frightened and Matt was very reassuring and supportive. "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?" 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 6. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. Possibly, yes. But Bencomo stayed on, and so did Lalo. 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. I am not saying my child didnt have a breakdown. Lawyers from our extensive network are ready to answer your question. It depends. 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. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". The agency began deportation proceedings with the intention of sending him back to Mexico. <<59BC4FB09E3701468D15B956FB86861C>]>> I would recommend Justin without reservation to anyone seeking representation. 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. For now, he said, jail is better than the fate he faces in Mexico. 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 . But it wasn't just the people of Juarez who were outraged. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. The CI may do controlled buys. This means that the CI will have an agreement with the police. Contact Susan Williams today for a free consultation. Absolutely. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. How Do You Beat a Drug Trafficking Charge in Florida? This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. The best way to beat the system and stay out of prison is don't break the law. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. The CI will contact you or maybe you contact the CI. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Sign up. The majority of informants are those working off . My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The government does not have the resources or time to do this. 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. The CI may be wearing a wire or recording device. There are two opportunities to find out the identity of a confidential informant: before and during trial. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. The more specific and detailed, the more likely a court is to accept a CI's information. 142 0 obj<>stream Therefore, they wont be able to provide any information. Call 954-845-0505 today. 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. Timeline: An ICE Informant Run Amok Or Mishandled? Bencomo was the only one fired as a result of the Lalo fiasco. A still from a video in which Lalo talks about his case. A Bureau of Justice Assistance Monograph. Here in Mexico, there is no justice, only impunity," Magana says. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Ashok Dhamija In any case, the outcome will most likely benefit you as the defendant. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. 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. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Details for individual reviews received before 2009 are not displayed. The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. Then, at trial, the Government calls the . Can a REDDI Report Be the Legal Basis for a Traffic Stop? He is the best !! 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 . trailer These guys are El Paso's version of the Keystone Kops," Loya 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. Contributing to the Delinquency of a Minor. It just made me sick. So how can a court find a CI's testimony to be credible? He also tried to get Congress to investigate, but that went nowhere. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 0000000016 00000 n There are several ways to become an FBI informant. The killings in Juarez took place more than six years ago. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 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. The CI may be required to testify in a trial of the person they are snitching on. Believe it or not it is legal for law enforcement to pay a government snitch! Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. "I really was doing something good," he said. 913, though most called him by the nickname Lalo. 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 CI is assigned a CI number and agrees to provide information about your case to the police. 0000018883 00000 n 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. 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". According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. confidential relationship is or should be formed by use of the site. 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). Possess a dangerous drug for sale. There must be some legal guarantee that a CI's info is good. However, you need a tireless defense team fighting on your behalf. 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.

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