how to beat a confidential informant

He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. The pros and cons of being a confidential informant. What Are the Different Types of Injunctions in Florida? ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. The majority of informants are those working off . 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Drug Informants: Motives, Methods, and Management State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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 video explains the risks and benefits of working as a police confidential informant. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 913, though most called him by the nickname Lalo. The Client Review Rating score is determined through the aggregation of validated responses. 0000000884 00000 n The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Can a REDDI Report Be the Legal Basis for a Traffic Stop? For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Courtesy Raul Loya Visit https://www.gustitislaw.com for more information about inform. 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 0000032339 00000 n Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Confidential Informants - Law Office of Perry A. Craft PLLC Once the government uses you as a CI, they can be done with you. I took the recording and I told my supervisor that I didn't wish to be part of the case.". It hit me like cold water in the face; it just feels terrible. As with most things in the legal world, knowing how to beat a CI depends on your case. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt . In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. The killings in Juarez took place more than six years ago. Bencomo says Lalo was different from other informants. However, the above measures are extra insurance for the police, they are not required. I would recommend Justin without reservation to anyone seeking representation. Confidentiality is what makes the informant valuable. How Much Jail Time for Felony Grand Theft? Courtesy Texas DMV, U.S. D.O.J. 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). Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Schedule a free consultation today. The true identity of a confidential informant should be strictly limited to an identified number of people. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. The CI may do controlled buys. This means that the CI will have an agreement with the police. A simple he-said-she-said backed up with no observations won't be worth much in court. But she did. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. There are several ways to become an FBI informant. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. How to discredit a confidential informant during a criminal trial - Quora "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. Lalo said his actions were necessary to maintain his cover. For a free legal consultation, call 215.515.3360. How credible is the confidential informant? The CI may be required to testify in a trial of the person they are snitching on. 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. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". Lalo's information was on the mark. Terms of Service apply. Courtesy Texas DMV, U.S. D.O.J. You order drugs from the CI. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". Thus, a court needs some basis for a CI's allegations. Demonstrate any past instances of false or invalidated evidence or information they have provided. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. 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. Matthew and his team made calls and were very persistent. Is a Confidential Informant Truthful? I had to go to the restroom and throw up. trailer Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. So where are we going to find any help if we can't trust the U.S.? 0000017958 00000 n If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. In my mind, he was given a license to kill. His handlers did well, too. Exculpatory evidence is evidence that could clear the defendant of guilt. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. 0000018883 00000 n But that is the sobering truth of being a CI. 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. 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. Gonzalez lodged a complaint against ICE. "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?" These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . No one. and Raul Loya Confidential informants people who pose. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Here in Mexico, there is no justice, only impunity. abstract. No, the identity of informants are not public record. 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Active listening for police - a skill for conflict avoidance. 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. How experts say to reform the confidential informant - KSAT Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 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). 0000017403 00000 n The identity of the CI can be necessary to a Defendants defense in their criminal case. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. and Raul Loya xref Informants. "I don't know if they are going to keep me here for the rest of my life," he said. 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. Bencomo says the agents were told that Santillan was the No. Possess or use a dangerous drug. 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. Call 954-845-0505 today. A person shall not knowingly: 1. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 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, A still from a video in which Lalo talks about his case. Fortunately we have done it for you. It is not like the old school movies where you can see a wire taped under someones shirt. 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. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Lawyers from our extensive network are ready to answer your question. 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. Experts explain how confidential informants infect the - Inlander 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. It is important for law enforcement to protect the credibility of the informant as much as possible. Identities should be stored in a system with the highest level of security and with Role Based Access Control. 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. Absolutely. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. NPR went there with veteran Juarez crime reporter Carlos Huerta. LockA locked padlock Highlight information that would indicate their dishonesty or bias. So how can a court find a CI's testimony to be credible? 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 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. 0000032775 00000 n The CI may be working several buy busts before the CIs work is finished with the police. For a quick fix solution Wikipedia provides a list of potential motivations. He explained to my husband and I what my son was facing. This is a common issue people face when working as CIs. Mathew is really eloquent and smart. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. These guys are El Paso's version of the Keystone Kops," Loya says. Can a felon be a confidential informant? Confidential Informant Testifies as Government Witness. 1 ANSWER. But it wasn't just the people of Juarez who were outraged. If you agree to work with the FBI, you will be . Kansas bill would give context about jailhouse informants | The Kansas Supplemental Terms. The CI knows he/she is working as a snitch, but you do not. The information provided on this site is not legal The Use of 'Confidential Informants' Can Lead to Unnecessary and However, you need a tireless defense team fighting on your behalf. 0000000016 00000 n If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. There should be an audit trail detail who has seen the true identity and when they saw it. For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? The high court held that reliance on informant testimony implicates . In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. Even with the promise of payment, the decision to become a CI is very dangerous. A common myth that is absolutely not true is that confidential informants do not testify in trials. Jeralyn Elise Merritt (Unclaimed Profile).

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