how to beat a confidential informant how to beat a confidential informant

0000001540 00000 n Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. My reservations were quickly eased during my initial consultation. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Official websites use .gov If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. To the U.S. government, he was officially informant No. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Informants nationwide end up beaten, tortured and dead once they're found out. Police and prosecutors generally want to keep the identity of their CI a secret. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. It depends. Drug smuggling turned out to be the least of Lalo's exploits. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Matthew and his team made calls and were very persistent. And the devices are constantly evolving and improving. For now, he said, jail is better than the fate he faces in Mexico. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 913, though most called him by the nickname Lalo. Supplemental Terms. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. 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. reCAPTCHA and the Google Privacy Policy and Exculpatory evidence is evidence that could clear the defendant of guilt. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Saying they have a CI may be a cover for ill-gotten evidence and information. "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?" Answer (1 of 5): The first thing you need to do is know your enemy. If youre worried about how to beat a confidential informant, let the, represent you. Bencomo was the only one fired as a result of the Lalo fiasco. This website is for general informational purposes only. 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. 5 Factors Courts Will Consider. 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. 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. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. But she did. . trailer and Raul Loya. 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. You may not see or notice the police. These guys are El Paso's version of the Keystone Kops," Loya says. Yes, a felon can be an informant. ) or https:// means youve safely connected to the .gov website. It's also the least painful and expensive. hide caption. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. And Lalo was with them. (The capacity for telling lies is called "mendacity," in case you were wondering.) Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. 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. The problem is that there is no one to police the police. But in Lalo's case, he says, rogue agents didn't properly follow them. In the end the police are working for the government and you are left holding the bag. It all depends on the facts of your case. There must be some legal guarantee that a CI's info is good. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 129 14 Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. 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. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. So how can a court find a CI's testimony to be credible? The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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. Anyone considering being a CI should first talk to a criminal defense attorney. "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.". AV Preeminent: The highest peer rating standard. Penalties for Drug Possession Charges as a Minor. and Raul Loya Confidential informants people who pose. 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. How Much Jail Time for Felony Grand Theft? In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 142 0 obj<>stream 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. 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 . 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. Ashok Dhamija A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. 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. The Client Review Rating score is determined through the aggregation of validated responses. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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, "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. I am not saying my child didnt have a breakdown. Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. So where are we going to find any help if we can't trust the U.S.? Confidentiality is what makes the informant valuable. Both federal and state law enforcement officers use confidential informants. A still from a video in which Lalo talks about his case. "I had to go to the restroom and throw up. 0000001094 00000 n Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". There are two opportunities to find out the identity of a confidential informant: before and during trial. The true identity of a confidential informant should be strictly limited to an identified number of people. Once the case was done, ICE was also done with Lalo. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. The majority of informants are those working off . ICE says it learned some lessons dealing with Lalo. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. 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. The amount of a drug for which trafficking charges are applicable varies depending on the substance. How Do You Beat a Drug Trafficking Charge in Florida? Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. It has been dubbed the House of Death. A responsive, knowledgeable and skilled attorney. You deserve the same chance at having an excellent legal defense. In general, the Government goes to great lengths to not reveal the identity of snitches. 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. You cant enforce these agreements or conversations. I had to go to the restroom and throw up. Those are . 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Courtesy Texas DMV, U.S. D.O.J. "I don't know if they are going to keep me here for the rest of my life," he said. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. An exchange for leniency in the charges against the informant generally occurs in these situations. 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). . You order drugs from the CI. Call 954-845-0505 today. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. ZIP The CI will likely be paying with marked money. Do not wait to start working on your defense. The CI may be charged with a serious drug (or other) criminal offense. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. After all, the average CI is a 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. 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. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. He says that the agency's guidelines for using confidential informants are sound. Even with the promise of payment, the decision to become a CI is very dangerous. Mathew is really eloquent and smart. 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. He says Lalo was the keeper of the keys. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. "What is wrong with this picture?". Understanding motive and motivation. "It was so horrible. You will not be able to notice the marks. Possibly, yes. We will review the facts surrounding your unique case and provide you with honest answers. 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. LockA locked padlock The pros and cons of being a confidential informant. It just made me sick. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. For a free legal consultation, call 215.515.3360. he says. The most common way to become an FBI informant is to be approached by the FBI. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 0000000884 00000 n A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. hide caption. Criminal Defense Attorney in Philadelphia. This important decision can affect you the rest of your life and possibly even your loved ones or friends. It hit me like cold water in the face; it just feels terrible. 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. Possess or use a dangerous drug. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Skip to content. 0000017958 00000 n Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. Criminal defense attorneys have a host of tools to do this. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Courtesy Texas DMV, U.S. D.O.J. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . 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). Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 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. The government does not have the resources or time to do this. 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.