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If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 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, Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Once the government uses you as a CI, they can be done with you. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Gonzalez lodged a complaint against ICE. 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. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. Confidential Informants - Law Office of Perry A. Craft PLLC It's also the least painful and expensive. It just made me sick. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. These guys are El Paso's version of the Keystone Kops," Loya says. It is not like the old school movies where you can see a wire taped under someones shirt. You impeach them on the stand, which discredits the evidence, information, and testimony they give. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. The government could decide to charge someone who does that with obstruction of justice, among other things. Contact us. 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? You may feel trapped by serving as a Government informant. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Former agent Bencomo remembers listening to the tape. How experts say to reform the confidential informant - KSAT 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. ZIP 913, though most called him by the nickname Lalo. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. there are basically two types of police investigation, reactive and proactive. Lawyers from our extensive network are ready to answer your question. code or county). 28 How To Beat A Confidential Informant 02/2023 - KTHN (The capacity for telling lies is called "mendacity," in case you were wondering.) 5. . Terms of Service apply. Sign up. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. 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. However, this does not have to be the case. Some informants have personalities that make them difficult to manage. 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. Understanding motive and motivation. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). If CIs were public record, it would put their lives in danger and the lives of their loved ones. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Experts explain how confidential informants infect the - Inlander My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. The content of the responses is entirely from reviewers. A common myth that is absolutely not true is that confidential informants do not testify in trials. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 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. No one. "There were these code words that the bosses would say to Lalo," Huerta says. and Raul Loya 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. 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. hide caption. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. "I had to go to the restroom and throw up. Meeting with a lawyer can help you understand your options and how to best protect your rights. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. The recording devices used have become very sophisticated and are virtually undetectable. 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 killings in Juarez took place more than six years ago. My reservations were quickly eased during my initial consultation. This important decision can affect you the rest of your life and possibly even your loved ones or friends. The CI may be working several buy busts before the CIs work is finished with the police. This site is protected by 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. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. 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. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 0000032339 00000 n 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. Here in Mexico, there is no justice, only impunity," Magana says. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Lalo's information was on the mark. Law enforcement may keep threatening jail or charges unless you work one more deal for them. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 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. 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. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. 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. Drug Use and The Use of a Confidential Informant | Ketcham Law Defending Against Informants in Drug Sales Cases | Ray Kimble can you beat a controlled by Case by discrediting the - Avvo The CI must provide 100% honest information. It can also be risky for the prosecution if they must give the CIs identity to the defense later. "It was so horrible. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The majority of informants are those working off . An attorney may help you weigh your options. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Visit https://www.gustitislaw.com for more information about inform. And the devices are constantly evolving and improving. Mathew did an amazing job in court. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. A. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. "In my mind, he was given a license to kill.". Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. How to Beat a Drug Trafficking Charge in Florida ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Criminal defense attorneys have a host of tools to do this. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. Human motives and motivation is a complex subject with many competing theories. Drug Informants: Motives, Methods, and Management You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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. "I really was doing something good," he said. What evidence is needed to make a drug bust? Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. CONFIDENTIAL INFORMANT | Office of Justice Programs In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. The state will do its best to not reveal the identity of the CI. But that is the sobering truth of being a CI. Possess or use a dangerous drug. AV Preeminent: The highest peer rating standard. hide caption. 0000000966 00000 n Courtesy Texas DMV, U.S. D.O.J. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Confidentiality is what makes the informant valuable. "What is wrong with this picture?". For now, he said, jail is better than the fate he faces in Mexico. about FindLaws newsletters, including our terms of use and privacy policy. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Kansas bill would give context about jailhouse informants | The Kansas 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. What are the different Martindale-Hubbell Peer Review Ratings?*. Call 954-845-0505 today. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. The Use of 'Confidential Informants' Can Lead to Unnecessary and Contact Susan Williams today for a free consultation. 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. Captain Lee Children Adopted, How Many Ships Does Nato Have, How Would These Characteristics Enable The Plants To Survive, Mn Tab Renewal Cost Calculator, Articles H

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