Learning the Identity of a Confidential Informant - Nolo Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. For a free legal consultation, call 215.515.3360. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. 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. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. 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. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". It hit me like cold water in the face; it just feels terrible. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Read More >>. Yes, a felon can be an informant. 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. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Matt was available throughout the process for consultations with both my son and his parents. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. The guidelines can be used to develop or revise written directives for using and managing informants. he says. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. The feds paid Lalo well: nearly $250,000 over four years. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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. %%EOF 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. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 0 The pros and cons of being a confidential informant. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. He is the best !! It has been dubbed the House of Death. Secondly, know all the versions of the s. 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." 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. There may be cameras in the location that the deal takes place. ICE says it learned some lessons dealing with Lalo. See are article relating to Missouri's witness protection program and the lack of uptake. I couldn't believe it," says the DEA's Sandalio Gonzalez. Lalo's information was on the mark. Official websites use .gov Sorting through those theories and condensing them into something that has practical utility needs a lot of research. For a quick fix solution Wikipedia provides a list of potential motivations. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. there are basically two types of police investigation, reactive and proactive. Lawyers from our extensive network are ready to answer your question. The best way to beat the system and stay out of prison is don't break the law. Mathew did an amazing job in court. startxref Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. A responsive, knowledgeable and skilled attorney. "I believe in some kind of justice, and I think I was doing something good," he said. "We stayed there all night and watched as they pulled out bodies," Magana says. 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. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 28 How To Beat A Confidential Informant 02/2023 - KTHN Do not allow any of these things to happen to you. 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. 0000018883 00000 n Uses their relationship with the FBI to have local, state, and Federal charges dismissed. The purpose of the ruling is to establish an informant . 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. Contributing to the Delinquency of a Minor. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. The information may prove to relate to exculpatory evidence. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 6. The police can use information gained from the CI about you that the Government can use when prosecuting your case. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Therefore, they wont be able to provide any information. But this is nearly non-existent in state cases and rare, at best, in federal cases. Opinion | Want to make a million? Become a DEA informant. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). The identity of the CI can be necessary to a Defendants defense in their criminal case. 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 . Absolutely. ) or https:// means youve safely connected to the .gov website. But he had his reasons for informing on the drug gang. 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. Yes, a felon can be an informant. "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. 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. 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. This is a common issue people face when working as CIs. The recording devices used have become very sophisticated and are virtually undetectable. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. The guidelines can be used to develop or revise written directives for using and managing informants. 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? This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Courtesy Texas DMV, U.S. D.O.J. It all depends on the facts of your case. The agency began deportation proceedings with the intention of sending him back to Mexico. 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. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 0000000884 00000 n 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. This video explains the risks and benefits of working as a police confidential informant. 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. 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. The CI will likely be paying with marked money. To the U.S. government, he was officially informant No. 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. hide caption. 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). You deserve the same chance at having an excellent legal defense. A still from a video in which Lalo talks about his case. 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. It's also the least painful and expensive. CONFIDENTIAL INFORMANT | Office of Justice Programs 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. Informants. To the U.S. government, he was officially informant No. confidential relationship is or should be formed by use of the site. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 3. 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. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. "So where are we going to find any help if we can't trust the U.S.?". You will not be able to notice the marks. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. The reason for this is the police use the CI to gain probable cause for your arrest. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. How experts say to reform the confidential informant - KSAT Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. Please explain why you are flagging this content: * This will flag comments for moderators to take action. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. Sign up. Thus, a court needs some basis for a CI's allegations. Details for individual reviews received before 2009 are not displayed. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. The CI may be wearing a wire or recording device. The more specific and detailed, the more likely a court is to accept a CI's information. 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. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. We came back night after night to see how many they dug up.". Law enforcement may keep threatening jail or charges unless you work one more deal for them. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 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. That's all I'm doing right now.". Why did the chicken cross the road ? With every new body, the smell would hit us it was horrible. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. The CI may be charged with a serious drug (or other) criminal offense. Then, at trial, the Government calls the . In my mind, he was given a license to kill. Martindale-Hubbell validates that a reviewer is a person with a valid email address. The informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. A Bureau of Justice Assistance Monograph. The monograph is organized around the confidential informant's employment . 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. Gonzalez lodged a complaint against ICE. "I don't know if they are going to keep me here for the rest of my life," he said. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The CI knows he/she is working as a snitch, but you do not. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 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.
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