how to beat a confidential informant

A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. Learn more The recording devices used have become very sophisticated and are virtually undetectable. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 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. 913, though most called him by the nickname Lalo. His performance in court was outstanding and gave me a big victory. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. There should be an audit trail detail who has seen the true identity and when they saw it. 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. It's also the least painful and expensive. Even with the promise of payment, the decision to become a CI is very dangerous. The reason for this is the police use the CI to gain probable cause for your arrest. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Theres another reason police may want to keep the identity of their informant a secret: they dont have one. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. I would recommend Justin without reservation to anyone seeking representation. 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? "In my mind, he was given a license to kill.". Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Please explain why you are flagging this content: * This will flag comments for moderators to take action. abstract. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, . The required areas are criminal justice, law enforcement, police science, etc. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 0000032775 00000 n In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Contact us. A. 142 0 obj<>stream In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. As with most things in the legal world, knowing how to beat a CI depends on your case. 5. So how can a court find a CI's testimony to be credible? In general, the Government goes to great lengths to not reveal the identity of snitches. 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. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. 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). Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. AV Preeminent: The highest peer rating standard. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Secondly, know all the versions of the s. Answer (1 of 5): The first thing you need to do is know your enemy. Your access of/to and use 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. The CI is searched before and after the deal by the police. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 0000000016 00000 n Some people have heard of the witness protection program in movies or TV shows. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. ZIP This website is for general informational purposes only. Possess or use a dangerous drug. This story was produced for broadcast by Marisa Penaloza. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. The feds paid Lalo well: nearly $250,000 over four years. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. "So where are we going to find any help if we can't trust the U.S.?". Lalo has been in solitary confinement for more than five years. Possess a dangerous drug for sale. In the end the police are working for the government and you are left holding the bag. Read More >>. "There were these code words that the bosses would say to Lalo," Huerta says. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Login. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. This rating indicates the attorney is widely respected by their peers for high professional achievement and 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 0000000966 00000 n Distinguished: An excellent rating for a lawyer with some experience. 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). I took the recording and I told my supervisor that I didn't wish to be part of the case. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. Courtesy Texas DMV, U.S. D.O.J. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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. We came back night after night to see how many they dug up.". ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. "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. 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. The majority of informants are those working off their own cases. 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 money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. 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. He explained to my husband and I what my son was facing. If you need help defending yourself from these cases, our criminal defense firm can help. "I really was doing something good," he said. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Copyright 2022, Thomson Reuters. Yes, a felon can be an informant. Here in Mexico, there is no justice, only impunity. "It hit me like cold water in the face; it just feels terrible. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. All rights reserved. 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. 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. 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. If you agree to work with the FBI, you will be . You deserve the same chance at having an excellent legal defense. 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. 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. LockA locked padlock If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Absolutely. 0000018883 00000 n Once the government uses you as a CI, they can be done with you. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. [It is only available to law enforcement.]. Every day that passes is another day that the prosecutors office is working to secure your guilt. You may feel you are being watched. The CI will likely be paying with marked money. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. trailer Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. But it wasn't just the people of Juarez who were outraged. Thus, a court needs some basis for a CI's allegations. 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 . The Drug Enforcement Administration blacklisted him. 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. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Mathew did an amazing job in court. hide caption. Are Confidential Informants Credible? Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. The agency began deportation proceedings with the intention of sending him back to Mexico. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. However, the above measures are extra insurance for the police, they are not required. Confidential Informant Testifies as Government Witness. It is possible to beat drug trafficking charges. It all depends on the facts of your case. It is not like the old school movies where you can see a wire taped under someones shirt. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. That's all I'm doing right now.". On the other hand, police and prosecutors' concern for confidential informants is not misplaced.

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