how to beat a confidential informant how to beat a confidential informant

On the tape, Lalo looks more like a victim than a drug thug. 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, Call 954-845-0505 today. 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. 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. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. in the former, a crime is reported to the police and an investigation is initiated; in the latter . 0000000884 00000 n 0000017958 00000 n 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. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". See are article relating to Missouri's witness protection program and the lack of uptake. The Drug Enforcement Administration blacklisted him. "It hit me like cold water in the face; it just feels terrible. 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). 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 CI may be required to testify in a trial of the person they are snitching on. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. This may result in longer prison sentences and larger fines associated with a conviction. Fortunately we have done it for you. The CI is assigned a CI number and agrees to provide information about your case to the police. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Login. Visit https://www.gustitislaw.com for more information about inform. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. Read More >>. trailer The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Official websites use .gov "It just made me sick," he says. These guys are El Paso's version of the Keystone Kops," Loya says. of this site is subject to additional Bencomo was the only one fired as a result of the Lalo fiasco. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Stay up-to-date with how the law affects your life. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. I took the recording and I told my supervisor that I didn't wish to be part of the case. In all, there were 12 victims. So how can a court find a CI's testimony to be credible? Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Visit our attorney directory to find a lawyer near you who can help. Lalo's information was on the mark. confidential relationship is or should be formed by use of the site. 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. Jeralyn Elise Merritt (Unclaimed Profile). 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. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Why did the chicken cross the road ? For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Once I reached out to Matt he was back in touch within the hour. 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 is the best !! This website is for general informational purposes only. 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. Drug smuggling turned out to be the least of Lalo's exploits. We called after our son was arrested for a crime he committed nearly 9 months earlier. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. 0000001094 00000 n 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. The killings in Juarez took place more than six years ago. Matt was available throughout the process for consultations with both my son and his parents. A. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. There are legal defenses available to you. Both federal and state law enforcement officers use confidential informants. He also tried to get Congress to investigate, but that went nowhere. This is the first time that Bencomo has talked publicly. 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. To the U.S. government, he was officially informant No. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. 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. advice, does not constitute a lawyer referral service, and no attorney-client or ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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 . All rights reserved. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Can a REDDI Report Be the Legal Basis for a Traffic Stop? His handlers did well, too. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. %%EOF In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Contributing to the Delinquency of a Minor. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. In my mind, he was given a license to kill. 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. The agency began deportation proceedings with the intention of sending him back to Mexico. Is a Confidential Informant Truthful? 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, 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. It depends. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Lawyers from our extensive network are ready to answer your question. We came back night after night to see how many they dug up.". "What is wrong with this picture?". "It was so horrible. Timeline: An ICE Informant Run Amok Or Mishandled? 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. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 3. (The capacity for telling lies is called "mendacity," in case you were wondering.) "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. A common myth that is absolutely not true is that confidential informants do not testify in trials. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. He also helped crack a major international cigarette smuggling ring. "He would say, 'We're going to have a barbecue.' The majority of informants are those working off . Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Then, at trial, the Government calls the . There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. "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.". Saying they have a CI may be a cover for ill-gotten evidence and information. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. 0 A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. A .gov website belongs to an official government organization in the United States. The monograph is organized around the confidential informant's employment . Copyright 2023 MH Sub I, LLC dba Internet Brands. 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? A responsive, knowledgeable and skilled attorney. There is no obligation from the Government to protect you the rest of your life because you served as a CI. The memo stated that those rules would be part of a new policy handbook. But in either language, his story is the same. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Once the government uses you as a CI, they can be done with you. "I really was doing something good," he said. Gonzalez lodged a complaint against ICE. 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. An exchange for leniency in the charges against the informant generally occurs in these situations. Marvin Christensen @MarvinChristensen988. This field is for validation purposes and should be left unchanged. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Informants. 6. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. As with most things in the legal world, knowing how to beat a CI depends on your case. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". and Raul Loya Confidentiality is what makes the informant valuable. 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 . For now, he said, jail is better than the fate he faces in Mexico. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. The CI knows he/she is working as a snitch, but you do not. But this is nearly non-existent in state cases and rare, at best, in federal cases. 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. 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. Details for individual reviews received before 2009 are not displayed. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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. Eventually, a dozen bodies were unearthed at the site. Understanding motive and motivation. 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. That's all I'm doing right now.". Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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. The crux revolves around the confidential part of the confidential informant. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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 often comes to light that things may not be as they seem and this can greatly help your defense. No one. Sign up. Confidential Informant Testifies as Government Witness. If CIs were public record, it would put their lives in danger and the lives of their loved ones. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. And the CI must answer the question truthfully or else possibly face sanctions in court. The CI must provide 100% honest information. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. This is something that can be used to impeach him when he testifies. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Bencomo says Lalo was different from other informants. But that is the sobering truth of being a CI. Contact us. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 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. 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. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. You cant enforce these agreements or conversations. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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. But as that investigation started, ICE's prized snitch came under suspicion. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Ashok Dhamija 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. AV Preeminent: The highest peer rating standard. Choosing the right attorney can be the most important step youll ever take. 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.