There may be other reasons why the identity of the CI will be revealed. Call 954-845-0505 today. 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. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Informants nationwide end up beaten, tortured and dead once they're found out. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. All rights reserved.|Disclaimer|Privacy policy. 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 monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. The CI will contact you or maybe you contact the CI. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. The reason for this is the police use the CI to gain probable cause for your arrest. Call 954-845-0505 any time, day or night, to speak with a member of our team. Schedule a free consultation today. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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. No one. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. Read More >>. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. With every new body, the smell would hit us it was horrible. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. In my mind, he was given a license to kill. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. ZIP 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. 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 definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. But this is nearly non-existent in state cases and rare, at best, in federal cases. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. ) or https:// means youve safely connected to the .gov website. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. But she did. You deserve the same chance at having an excellent legal defense. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". about FindLaws newsletters, including our terms of use and privacy policy. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 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 can never be 100% protected by the Government or anyone else. there are basically two types of police investigation, reactive and proactive. Once the government uses you as a CI, they can be done with you. Active listening for police - a skill for conflict avoidance. The police have the upper hand on CIs. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. This is something that can be used to impeach him when he testifies. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. hide caption. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. This story was produced for broadcast by Marisa Penaloza. "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. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. That's all I'm doing right now.". Confidential informants arent the same as anonymous sources or tipsters. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. The best way to beat the system and stay out of prison is don't break the law. This website is for general informational purposes only. The CI is assigned a CI number and agrees to provide information about your case to the police. 3 man in the Juarez cartel. The majority of informants are those working off . However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Confidentiality is what makes the informant valuable. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Then, at trial, the Government calls the . Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Therefore, they wont be able to provide any information. But it wasn't just the people of Juarez who were outraged. However, the above measures are extra insurance for the police, they are not required. Informants. Ashok Dhamija Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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. 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. 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. xb```Il@r/ 0! A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Eventually, a dozen bodies were unearthed at the site. "He would say, 'We're going to have a barbecue.' Once the case was done, ICE was also done with Lalo. 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. 6. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. An exchange for leniency in the charges against the informant generally occurs in these situations. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. Secure .gov websites use HTTPS Our consultant Dr John Buckley will be. Confidentiality is what makes the informant valuable. 129 14 Law enforcement may keep threatening jail or charges unless you work one more deal for them. And Lalo was with them. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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, The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Police and prosecutors generally want to keep the identity of their CI a secret. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. For now, he said, jail is better than the fate he faces in Mexico. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. How Can Mitigation Help Get Me The Lowest Possible Sentence? Share sensitive information only on official, secure websites. The CI may be wearing a wire or recording device. The guidelines can be used to develop or revise written directives for using and managing informants. In all, there were 12 victims. 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. 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. 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. An attorney may help you weigh your options. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. 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. 0000017958 00000 n and Raul Loya Meeting with a lawyer can help you understand your options and how to best protect your rights. However, this does not have to be the case. 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. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. "We stayed there all night and watched as they pulled out bodies," Magana says. 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. 0000001540 00000 n Our son was distraught and frightened and Matt was very reassuring and supportive. Contact us. This is very wrong and a misconception. 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. The purpose of the ruling is to establish an informant . For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. Even with the promise of payment, the decision to become a CI is very dangerous. 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. Visit https://www.gustitislaw.com for more information about inform. It is important for law enforcement to protect the credibility of the informant as much as possible. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Lalo's information was on the mark. Bencomo was the only one fired as a result of the Lalo fiasco. The more specific and detailed, the more likely a court is to accept a CI's information. His sincerity, empathy and commitment to advocating on my behalf were apparent. The most common way to become an FBI informant is to be approached by the FBI. Is a Confidential Informant Truthful? 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. 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. He also tried to get Congress to investigate, but that went nowhere. The attorney 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 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review.