But she did. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. There are legal defenses available to you. Official websites use .gov Drug smuggling turned out to be the least of Lalo's exploits. The Drug Enforcement Administration blacklisted him. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. It depends. You can receive an entirely free case evaluation with absolutely no obligation. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. You will not be able to notice the marks. 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. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. and Raul Loya. 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. Therefore, they wont be able to provide any information. Gonzalez lodged a complaint against ICE. 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. 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. Some people have heard of the witness protection program in movies or TV shows. And he didn't need the money he was already making plenty in Juarez's drug trade. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. It has been dubbed the House of Death. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. 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 . 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. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. Both federal and state law enforcement officers use confidential informants. Copyright 2023 MH Sub I, LLC dba Internet Brands. The identity of the CI can be necessary to a Defendants defense in their criminal case. Penalties for Drug Possession Charges as a Minor. Courtesy Texas DMV, U.S. D.O.J. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. His handlers did well, too. Understanding an informants motives for providing information is fundamental to managing them effectively. This site is protected by Bencomo says the agents were told that Santillan was the No. The attorney in the former, a crime is reported to the police and an investigation is initiated; in the latter . "I don't know if they are going to keep me here for the rest of my life," he said. You order drugs from the CI. All these only go to reinforce stereotypes. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Contributing to the Delinquency of a Minor. Learn more Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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. It all depends on the facts of your case. 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. Fortunately we have done it for you. listings on the site are paid attorney advertisements. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. Confidential Informant Testifies as Government Witness. 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. A. 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. A few other articles found on the internet will give an expanded version of that list. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. 2. If youre worried about how to beat a confidential informant, let the, represent you. However, this does not have to be the case. [It is only available to law enforcement.]. How Much Jail Time for Felony Grand Theft? 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. These guys are El Paso's version of the Keystone Kops," Loya says. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 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. 1 ANSWER. The best way to beat the system and stay out of prison is don't break the law. All rights reserved.|Disclaimer|Privacy policy. "It just made me sick," he says. 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 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. Anyone considering being a CI should first talk to a criminal defense attorney. In this hour of need and when this medical pro Mat was such a relief to our family! "I believe in some kind of justice, and I think I was doing something good," he said. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. Login. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Can a felon be a confidential informant? You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. The agency began deportation proceedings with the intention of sending him back to Mexico. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. %%EOF Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. He says Lalo was the keeper of the keys. It hit me like cold water in the face; it just feels terrible. It's also the least painful and expensive. It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. 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. 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. 0000001889 00000 n What Is the Difference between Kidnapping and False Imprisonment. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Lalo said his actions were necessary to maintain his cover. 0000017403 00000 n The CI knows he/she is working as a snitch, but you do not. Ashok Dhamija 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". In the end the police are working for the government and you are left holding the bag. Here in Mexico, there is no justice, only impunity," Magana says. 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. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. There must be some legal guarantee that a CI's info is good. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Call 954-845-0505 any time, day or night, to speak with a member of our team. Here in Mexico, there is no justice, only impunity. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. The pros and cons of being a confidential informant. You cant enforce these agreements or conversations. Terms of Service apply. 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. "I was shocked. and Raul Loya Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. A lock ( 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. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. (The capacity for telling lies is called "mendacity," in case you were wondering.) and Raul Loya Confidential informants people who pose. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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 relationship. But that is the sobering truth of being a CI. 913, though most called him by the nickname Lalo. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. 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. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. 0000032775 00000 n There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. "So where are we going to find any help if we can't trust the U.S.?". "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". The information provided on this site is not legal This website is for general informational purposes only. Is a Confidential Informant Truthful? Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. The guidelines can be used to develop or revise written directives for using and managing informants. 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. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. 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 team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. The required areas are criminal justice, law enforcement, police science, etc. xref 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. Human motives and motivation is a complex subject with many competing theories. 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. There are several ways to become an FBI informant. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. hide caption. For a free legal consultation, call 215.515.3360. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants.
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