how to beat a confidential informant

In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. "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.". The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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. Once the government uses you as a CI, they can be done with you. On the tape, Lalo looks more like a victim than a drug thug. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Confidential informants arent the same as anonymous sources or tipsters. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. The more specific and detailed, the more likely a court is to accept a CI's information. The attorney Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. In any case, the outcome will most likely benefit you as the defendant. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. 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. He also helped crack a major international cigarette smuggling ring. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt relationship. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. An official website of the United States government, Department of Justice. "In my mind, he was given a license to kill.". His sincerity, empathy and commitment to advocating on my behalf were apparent. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Eventually, a dozen bodies were unearthed at the site. 0000001712 00000 n 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. "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?" 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. I am not saying my child didnt have a breakdown. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. LockA locked padlock The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. 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. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. So where are we going to find any help if we can't trust the U.S.? But Bencomo stayed on, and so did Lalo. Details for individual reviews received before 2009 are not displayed. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. It is not like the old school movies where you can see a wire taped under someones shirt. Our son was distraught and frightened and Matt was very reassuring and supportive. "What is wrong with this picture?". Schedule a free consultation today. 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. abstract. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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. A still from a video in which Lalo talks about his case. in the former, a crime is reported to the police and an investigation is initiated; in the latter . After all, the average CI is a It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. He also tried to get Congress to investigate, but that went nowhere. The information may prove to relate to exculpatory evidence. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. But it wasn't just the people of Juarez who were outraged. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. The state will do its best to not reveal the identity of the CI. How Much Jail Time for Felony Grand Theft? A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Anyone considering being a CI should first talk to a criminal defense attorney. The Client Review Rating score is determined through the aggregation of validated responses. 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. Being a convicted felon means that the criminal offense will always show up on a background check and you may find it difficult to find housing or employment in the future. Why did the chicken cross the road ? Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. This video explains the risks and benefits of working as a police confidential informant. xb```Il@r/ 0! 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. The memo stated that those rules would be part of a new policy handbook. 129 14 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. A common myth that is absolutely not true is that confidential informants do not testify in trials. 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. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. of this site is subject to additional A few other articles found on the internet will give an expanded version of that list. Those are . Can a felon be a confidential informant? Law enforcement may keep threatening jail or charges unless you work one more deal for them. 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. Lawyers from our extensive network are ready to answer your question. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. We came back night after night to see how many they dug up.". You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. But as that investigation started, ICE's prized snitch came under suspicion. A. It is possible to beat drug trafficking charges. 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. His handlers did well, too. code or county). That's all I'm doing right now.". He's clean-cut and clearly educated. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Drug smuggling turned out to be the least of Lalo's exploits. There should be an audit trail detail who has seen the true identity and when they saw it. 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. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. "I was shocked. Gonzalez lodged a complaint against ICE. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. We contacted our attorney in the state where we live and he recommended Matt to us. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. 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. Courtesy Raul Loya Stay up-to-date with how the law affects your life. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. There may be cameras in the location that the deal takes place. For a quick fix solution Wikipedia provides a list of potential motivations. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. 0000017403 00000 n and Raul Loya. Police and prosecutors generally want to keep the identity of their CI a secret. What evidence is needed to make a drug bust? "So where are we going to find any help if we can't trust the U.S.?". The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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. A responsive, knowledgeable and skilled attorney. Demonstrate any past instances of false or invalidated evidence or information they have provided. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. 0000017958 00000 n Timeline: An ICE Informant Run Amok Or Mishandled? There must be some legal guarantee that a CI's info is good. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. startxref Exculpatory evidence is evidence that could clear the defendant of guilt. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. confidential relationship is or should be formed by use of the site. This is very wrong and a misconception. Once the case was done, ICE was also done with Lalo. 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. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity.

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