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The content of the responses is entirely from reviewers. You order drugs from the CI. An official website of the United States government, Department of Justice. Marvin Christensen @MarvinChristensen988. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . and Raul Loya. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. A common myth that is absolutely not true is that confidential informants do not testify in trials. Former agent Bencomo remembers listening to the tape. Choosing the right attorney can be the most important step youll ever take. The killings in Juarez took place more than six years ago. A responsive, knowledgeable and skilled attorney. 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 took the recording and I told my supervisor that I didn't wish to be part of the case.". Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. It hit me like cold water in the face; it just feels terrible. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. How Can Mitigation Help Get Me The Lowest Possible Sentence? 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. Fortunately we have done it for you. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. "In my mind, he was given a license to kill.". xb```Il@r/ 0! All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Is a Confidential Informant Truthful? Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). I had to go to the restroom and throw up. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. Confidential informants arent the same as anonymous sources or tipsters. 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. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. The attorney The CI knows he/she is working as a snitch, but you do not. Lalo has been in solitary confinement for more than five years. And Lalo was with them. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. ICE says the fault lies with former agent Bencomo, Lalo's handler. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. The Drug Enforcement Administration blacklisted him. ICE says it learned some lessons dealing with Lalo. Contact Susan Williams today for a free consultation. Police and prosecutors generally want to keep the identity of their CI a secret. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Human motives and motivation is a complex subject with many competing theories. The police have the upper hand on CIs. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Terms of Service apply. "And you have to act like a criminal.". Copyright 2023 Weinstein Legal. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. Eventually, a dozen bodies were unearthed at the site. Do not allow any of these things to happen to you. 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). In this hour of need and when this medical pro Mat was such a relief to our family! Identities should be stored in a system with the highest level of security and with Role Based Access Control. However, the above measures are extra insurance for the police, they are not required. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. The CI may be wearing a wire or recording device. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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 Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. Secure .gov websites use HTTPS 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 guidelines can be used to develop or revise written directives for using and managing informants. This is something that can be used to impeach him when he testifies. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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 monograph is organized around the confidential informant's employment . There should be an audit trail detail who has seen the true identity and when they saw it. The information provided on this site is not legal Those are . 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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Bencomo says Lalo was different from other informants. No one. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. What Is the Difference between Kidnapping and False Imprisonment. Are Confidential Informants Credible? advice, does not constitute a lawyer referral service, and no attorney-client or His handlers did well, too. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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 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. If CIs were public record, it would put their lives in danger and the lives of their loved ones. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Some people have heard of the witness protection program in movies or TV shows. A lock ( The state will do its best to not reveal the identity of the CI. If youre worried about how to beat a confidential informant, let the, represent you. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. "He would say, 'We're going to have a barbecue.' Meeting with a lawyer can help you understand your options and how to best protect your rights. He also helped crack a major international cigarette smuggling ring. 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. On the tape, Lalo looks more like a victim than a drug thug. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 0000000966 00000 n 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. Criminal Defense Attorney in Philadelphia. Typically, the process requires that the confidential informant be thoroughly searched before going into the controlled buy to ensure they are not already in possession of any drugs. This site is protected by You may not see or notice the police. We found ourselves against all odds. 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 . With every new body, the smell would hit us it was horrible. The purpose of the ruling is to establish an informant . there are basically two types of police investigation, reactive and proactive. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 5. 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 team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The more specific and detailed, the more likely a court is to accept a CI's information. I took the recording and I told my supervisor that I didn't wish to be part of the case. The pros and cons of being a confidential informant. And he didn't need the money he was already making plenty in Juarez's drug trade. Then, at trial, the Government calls the . Both federal and state law enforcement officers use confidential informants. Demonstrate any past instances of false or invalidated evidence or information they have provided. But Bencomo stayed on, and so did Lalo. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. The required areas are criminal justice, law enforcement, police science, etc. 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. 129 14 A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Secondly, know all the versions of the s. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. 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. Your access of/to and use This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Yes, a felon can be an informant. 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. "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 statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. The recording devices used have become very sophisticated and are virtually undetectable. LockA locked padlock 0000001094 00000 n Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. 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. 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. 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. But as that investigation started, ICE's prized snitch came under suspicion. 0 Ashok Dhamija In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. You cant enforce these agreements or conversations. The high court held that reliance on informant testimony implicates . In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. In any case, the outcome will most likely benefit you as the defendant. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. The government could decide to charge someone who does that with obstruction of justice, among other things. The use of informants by police is essentially unregulated by the courts. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. This is a common issue people face when working as CIs. Law enforcement will often corroborate a CI's information with consistent observations by officers. Possibly, yes. This is very wrong and a misconception. "I had to go to the restroom and throw up. 2. "What is wrong with this picture?". Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Once the case was done, ICE was also done with Lalo. Put crudely . It just made me sick. But that is the sobering truth of being a CI. Once the government uses you as a CI, they can be done with you. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Why did the chicken cross the road ? 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. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. After all, the average CI is a 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. A simple he-said-she-said backed up with no observations won't be worth much in court. 0000032775 00000 n We came back night after night to see how many they dug up.". hide caption. 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. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. To the U.S. government, he was officially informant No. Skip to content. Criminal defense attorneys have a host of tools to do this. This field is for validation purposes and should be left unchanged. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. And the devices are constantly evolving and improving. If you agree to work with the FBI, you will be . Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. The CI must provide 100% honest information. Understanding motive and motivation. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The guidelines can be used to develop or revise written directives for using and managing informants. A Bureau of Justice Assistance Monograph. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Sign up. Guadalupe Juarez/AFP/Getty Images Anyone considering being a CI should first talk to a criminal defense attorney. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case.

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