What evidence is needed to make a drug bust? 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. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. Confidential Informants can never be 100% protected by the Government or anyone else. "I don't know if they are going to keep me here for the rest of my life," he said. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. You must have an associate's degree and a bachelor's degree in the relevant areas. Confidentiality is what makes the informant valuable. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. And gaining a better understanding of what motivates people takes time. The CI is assigned a CI number and agrees to provide information about your case to the police. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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. It all depends on the facts of your case. 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). Theres another reason police may want to keep the identity of their informant a secret: they dont have one. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. The memo stated that those rules would be part of a new policy handbook. hide caption. 0000000884 00000 n This important decision can affect you the rest of your life and possibly even your loved ones or friends. This is a common issue people face when working as CIs. Thus, a court needs some basis for a CI's allegations. ) or https:// means youve safely connected to the .gov website. The CI may do controlled buys. This means that the CI will have an agreement with the police. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Among the victims were two U.S. residents. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. The police have the upper hand on CIs. 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. 129 0 obj <> endobj 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. He explained to my husband and I what my son was facing. 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. If youre worried about how to beat a confidential informant, let the, represent you. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: [email protected] We provide the best confidential informant training available. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. A simple he-said-she-said backed up with no observations won't be worth much in court. Can a felon be a confidential informant? What evidence is needed to After all, the average CI is a There are legal defenses available to you. 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. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . "He would say, 'We're going to have a barbecue.' If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Protecting confidential informant identities -breaches risk lives Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. It hit me like cold water in the face; it just feels terrible. CONFIDENTIAL INFORMANTS - Official FBIretired Website Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 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. However, this does not have to be the case. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The high court held that reliance on informant testimony implicates . You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. Call 954-845-0505 today. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 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. Anyone considering being a CI should first talk to a criminal defense attorney. Contact Susan Williams today for a free consultation. Our son was distraught and frightened and Matt was very reassuring and supportive. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. The purpose of the ruling is to establish an informant . The CI may be wearing a wire or recording device. Copyright 2023 Weinstein Legal. A .gov website belongs to an official government organization in the United States. This decision can affect you and others for the rest of your life. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. The government does not have the resources or time to do this. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Absolutely. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Courtesy Texas DMV, U.S. D.O.J. 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. PDF Confidential Informants: Protecting Their Identity This story was produced for broadcast by Marisa Penaloza. He is the best !! Secure .gov websites use HTTPS Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. To the U.S. government, he was officially informant No. 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, If CIs were public record, it would put their lives in danger and the lives of their loved ones. You can receive an entirely free case evaluation with absolutely no obligation. 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. 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. 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. He also helped crack a major international cigarette smuggling ring. 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. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. LockA locked padlock 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. Law enforcement may keep threatening jail or charges unless you work one more deal for them. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Every day that passes is another day that the prosecutors office is working to secure your guilt. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Fortunately we have done it for you. "I believe in some kind of justice, and I think I was doing something good," he said. We called after our son was arrested for a crime he committed nearly 9 months earlier. Kansas bill would give context about jailhouse informants | The Kansas Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. Share sensitive information only on official, secure websites. AV Preeminent: The highest peer rating standard. Matt was available throughout the process for consultations with both my son and his parents. Yes, a felon can be an informant. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. The reason for this is the police use the CI to gain probable cause for your arrest. The Use of 'Confidential Informants' Can Lead to Unnecessary and 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). "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Schedule a free consultation today. 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. I would recommend Justin without reservation to anyone seeking representation. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Sign up. "It hit me like cold water in the face; it just feels terrible. 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. "I really was doing something good," he said. 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. 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). The majority of informants are those working off their own cases. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. The Client Review Rating score is determined through the aggregation of validated responses. 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. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The recording devices used have become very sophisticated and are virtually undetectable. The CI may be charged with a serious drug (or other) criminal offense. The problem is that there is no one to police the police. 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. 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. With every new body, the smell would hit us it was horrible. 2. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. A still from a video in which Lalo talks about his case. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. . Yes, a felon can be an informant. The CI is searched before and after the deal by the police. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. ICE says it learned some lessons dealing with Lalo. Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. As with most things in the legal world, knowing how to beat a CI depends on your case. Choosing the right attorney can be the most important step youll ever take. 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.
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