how to beat a confidential informanthow to beat a confidential informant

how to beat a confidential informant11 Mar how to beat a confidential informant

In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. An official website of the United States government, Department of Justice. 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." He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Some informants have personalities that make them difficult to manage. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. The monograph is organized around the confidential informant's employment . How credible is the confidential informant? Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. And he didn't need the money he was already making plenty in Juarez's drug trade. This important decision can affect you the rest of your life and possibly even your loved ones or friends. This website is for general informational purposes only. 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, Informants nationwide end up beaten, tortured and dead once they're found out. His sincerity, empathy and commitment to advocating on my behalf were apparent. A common myth that is absolutely not true is that confidential informants do not testify in trials. Sign up. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. of this site is subject to additional Those are . What Are the Different Types of Injunctions in Florida? he says. If you agree to work with the FBI, you will be . Choosing the right attorney can be the most important step youll ever take. Terms of Service apply. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Possibly, yes. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. Criminal Defense Attorney in Philadelphia. "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?" The attorney This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. 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. However, you need a tireless defense team fighting on your behalf. This field is for validation purposes and should be left unchanged. Mathew is really eloquent and smart. The government could decide to charge someone who does that with obstruction of justice, among other things. If youre worried about how to beat a confidential informant, let the, represent you. 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. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 0000001540 00000 n You cant enforce these agreements or conversations. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. Possess a dangerous drug for sale. But it wasn't just the people of Juarez who were outraged. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. It is important for law enforcement to protect the credibility of the informant as much as possible. ICE says it learned some lessons dealing with Lalo. In general, the Government goes to great lengths to not reveal the identity of snitches. This may result in longer prison sentences and larger fines associated with a conviction. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. 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. 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. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 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. Understanding motive and motivation. 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. But she did. he really cares and goes beyond 100% to help his clients. It can also be risky for the prosecution if they must give the CIs identity to the defense later. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. If you need help defending yourself from these cases, our criminal defense firm can help. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. The Drug Enforcement Administration blacklisted him. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Once the government uses you as a CI, they can be done with you. 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. Lalo's information was on the mark. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. It all depends on the facts of your case. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. Police and prosecutors generally want to keep the identity of their CI a secret. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. hide caption. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. I took the recording and I told my supervisor that I didn't wish to be part of the case. and Raul Loya Confidential informants people who pose. Why did the chicken cross the road ? Stay up-to-date with how the law affects your life. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. This story was produced for broadcast by Marisa Penaloza. You deserve the same chance at having an excellent legal defense. He is the best !! about FindLaws newsletters, including our terms of use and privacy policy. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. There are several ways to become an FBI informant. This video explains the risks and benefits of working as a police confidential informant. For a quick fix solution Wikipedia provides a list of potential motivations. We came back night after night to see how many they dug up.". But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. Matthew and his team made calls and were very persistent. But in Lalo's case, he says, rogue agents didn't properly follow them. With every new body, the smell would hit us it was horrible. 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 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . hide caption. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 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. Confidential Informant Testifies as Government Witness. Confidentiality is what makes the informant valuable. Are Confidential Informants Credible? The problem is that there is no one to police the police. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 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. His performance in court was outstanding and gave me a big victory. [It is only available to law enforcement.]. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. It is ugly. Believe it or not it is legal for law enforcement to pay a government snitch! 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. The CI must provide 100% honest information. The police can use information gained from the CI about you that the Government can use when prosecuting your case. This decision can affect you and others for the rest of your life. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Put crudely . Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. "What is wrong with this picture?". The fact that the confidential informant is often a convicted felon, their credibility is already at issue. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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. 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. The more specific and detailed, the more likely a court is to accept a CI's information. Secondly, know all the versions of the s. What are the different Martindale-Hubbell Peer Review Ratings?*. 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. 129 14 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. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. Penalties for Drug Possession Charges as a Minor. and Raul Loya. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Bencomo was the only one fired as a result of the Lalo fiasco. 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. 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Supplemental Terms. NPR went there with veteran Juarez crime reporter Carlos Huerta. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness.

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