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

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. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 0000001889 00000 n After all, the average CI is a As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. The agency began deportation proceedings with the intention of sending him back to Mexico. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. 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 am not saying my child didnt have a breakdown. 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. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 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, will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. 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. But Bencomo stayed on, and so did Lalo. Login. Copyright 2023 Weinstein Legal. there are basically two types of police investigation, reactive and proactive. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 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." Confidential informants arent the same as anonymous sources or tipsters. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. That's all I'm doing right now.". How Much Jail Time for Felony Grand Theft? Timeline: An ICE Informant Run Amok Or Mishandled? Therefore, they wont be able to provide any information. Courtesy Texas DMV, U.S. D.O.J. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. The pros and cons of being a confidential informant. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. 0000001094 00000 n 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. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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, This is a common issue people face when working as CIs. 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 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. Marvin Christensen @MarvinChristensen988. How Do You Beat a Drug Trafficking Charge in Florida? 3 man in the Juarez cartel. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. 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. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Once the case was done, ICE was also done with Lalo. Here in Mexico, there is no justice, only impunity. ICE says it learned some lessons dealing with Lalo. Distinguished: An excellent rating for a lawyer with some experience. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. You must have an associate's degree and a bachelor's degree in the relevant areas. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. and Raul Loya Confidential informants people who pose. The CI may be wearing a wire or recording device. And he didn't need the money he was already making plenty in Juarez's drug trade. You impeach them on the stand, which discredits the evidence, information, and testimony they give. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. hide caption. Mathew is really eloquent and smart. Bencomo says Lalo was different from other informants. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. However, this does not have to be the case. Matthew and his team made calls and were very persistent. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 129 14 My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. 0000018883 00000 n State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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 are one of those things that seem to lurk around in the underground of criminal activity. Are Confidential Informants Credible? The Client Review Rating score is determined through the aggregation of validated responses. His sincerity, empathy and commitment to advocating on my behalf were apparent. "I believe in some kind of justice, and I think I was doing something good," he said. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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 guidelines can be used to develop or revise written directives for using and managing informants. 0000032339 00000 n In my mind, he was given a license to kill. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Informants. He is the best !! hide caption. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Yes, a felon can be an informant. It all depends on the facts of your case. 913, though most called him by the nickname Lalo. The true identity of a confidential informant should be strictly limited to an identified number of people. A .gov website belongs to an official government organization in the United States. For a quick fix solution Wikipedia provides a list of potential motivations. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. 0000001712 00000 n If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. (The capacity for telling lies is called "mendacity," in case you were wondering.) Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Lawyers from our extensive network are ready to answer your question. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. So how can a court find a CI's testimony to be credible? Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 129 0 obj <> endobj We contacted our attorney in the state where we live and he recommended Matt to us. My reservations were quickly eased during my initial consultation. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Lalo said his actions were necessary to maintain his cover. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Believe it or not it is legal for law enforcement to pay a government snitch! Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. There must be some legal guarantee that a CI's info is good. and Raul Loya. Jeralyn Elise Merritt (Unclaimed Profile). 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. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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. Supplemental Terms. Those are . Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. This is very wrong and a misconception. In all, there were 12 victims. There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. All rights reserved.|Disclaimer|Privacy policy. How Can Mitigation Help Get Me The Lowest Possible Sentence? On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. he says. 0000017403 00000 n The memo stated that those rules would be part of a new policy handbook. If you agree to work with the FBI, you will be . 913, though most called him by the nickname Lalo. He says Lalo was the keeper of the keys. Among the victims were two U.S. residents. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 0000000966 00000 n Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. "What is wrong with this picture?". He also tried to get Congress to investigate, but that went nowhere. 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. 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 act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. "He would say, 'We're going to have a barbecue.' During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. 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. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. 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. "It hit me like cold water in the face; it just feels terrible. 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. Answer (1 of 5): The first thing you need to do is know your enemy. 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. Police and prosecutors generally want to keep the identity of their CI a secret. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause.