Confidential Informants - Law Office of Perry A. Craft PLLC Some informants have personalities that make them difficult to manage. In this hour of need and when this medical pro Mat was such a relief to our family! NPR went there with veteran Juarez crime reporter Carlos Huerta. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. How to Beat a Drug Trafficking Charge in Florida 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 Do You Beat a Drug Trafficking Charge in Florida? 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. The CI is searched before and after the deal by the police. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. listings on the site are paid attorney advertisements. 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. Courtesy Raul Loya This is very wrong and a misconception. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. . You deserve the same chance at having an excellent legal defense. I am not saying my child didnt have a breakdown. 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. 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. The killings in Juarez took place more than six years ago. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. The CI knows he/she is working as a snitch, but you do not. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. The memo stated that those rules would be part of a new policy handbook. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Possess or use a dangerous drug. In my mind, he was given a license to kill. Absolutely. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. "It hit me like cold water in the face; it just feels terrible. You order drugs from the CI. Mathew did an amazing job in court. No one. 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. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Once the case was done, ICE was also done with Lalo. 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. Official websites use .gov A common myth that is absolutely not true is that confidential informants do not testify in trials. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. he says. 0000018883 00000 n Should You Work as a Police Confidential Informant? Defense - YouTube Becoming an Informant | Office of Justice Programs Identities should be stored in a system with the highest level of security and with Role Based Access Control. The majority of informants are those working off . You may not see or notice the police. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. All rights reserved.|Disclaimer|Privacy policy. This site is protected by Schedule a free consultation today. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. How experts say to reform the confidential informant - KSAT So how can a court find a CI's testimony to be credible? 913, though most called him by the nickname Lalo. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Answer (1 of 5): The first thing you need to do is know your enemy. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. The CI may be working several buy busts before the CIs work is finished with the police. 5 Factors Courts Will Consider. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The recording devices used have become very sophisticated and are virtually undetectable. 0000001889 00000 n 129 0 obj <> endobj Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. You cant enforce these agreements or conversations. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). If you agree to work with the FBI, you will be . On the other hand, police and prosecutors' concern for confidential informants is not misplaced. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 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. This is something that can be used to impeach him when he testifies. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. If youre worried about how to beat a confidential informant, let the, represent you. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. What evidence is needed to make a drug bust? The content of the responses is entirely from reviewers. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. Skip to content. abstract. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Courtesy Texas DMV, U.S. D.O.J. Bencomo says the agents were told that Santillan was the No. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. The state will do its best to not reveal the identity of the CI. He also helped crack a major international cigarette smuggling ring. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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, All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. "So where are we going to find any help if we can't trust the U.S.?". How to Become a Confidential Informant | Mental Itch 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. His handlers did well, too. 0000032339 00000 n So where are we going to find any help if we can't trust the U.S.? Matt was available throughout the process for consultations with both my son and his parents. "Are you kidding me? There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. 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. 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. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. 0000000966 00000 n Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. and Raul Loya There are two opportunities to find out the identity of a confidential informant: before and during trial. 0000001273 00000 n 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. "And you have to act like a criminal.". The CI may be required to testify in a trial of the person they are snitching on. xref Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. Are Confidential Informants Credible? He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. "What is wrong with this picture?". At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. "In my mind, he was given a license to kill.". Courtesy Texas DMV, U.S. D.O.J. 0000032775 00000 n It's also the least painful and expensive. 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. 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. The more specific and detailed, the more likely a court is to accept a CI's information. Courtesy Texas DMV, U.S. D.O.J. But she did. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Secondly, know all the versions of the s. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Police and prosecutors generally want to keep the identity of their CI a secret. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Once the government uses you as a CI, they can be done with you. 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. . To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. The pros and cons of being a confidential informant. there are basically two types of police investigation, reactive and proactive. We called after our son was arrested for a crime he committed nearly 9 months earlier. Thus, a court needs some basis for a CI's allegations. ICE says it learned some lessons dealing with Lalo. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Can a felon be a confidential informant? Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. He explained to my husband and I what my son was facing. For a quick fix solution Wikipedia provides a list of potential motivations. Copyright 2023 Weinstein Legal. 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. But this is nearly non-existent in state cases and rare, at best, in federal cases. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Details for individual reviews received before 2009 are not displayed. 0000017958 00000 n 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.

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