Gonzalez lodged a complaint against ICE. And gaining a better understanding of what motivates people takes time. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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 . Confidential Informants > JAG Reporter > Article View Post The memo stated that those rules would be part of a new policy handbook. It just made me sick. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. Our son was distraught and frightened and Matt was very reassuring and supportive. The CI may be required to testify in a trial of the person they are snitching on. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". "I really was doing something good," he said. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. All rights reserved. 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? It hit me like cold water in the face; it just feels terrible. Supplemental Terms. Learn more Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. You may not see or notice the police. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. This video explains the risks and benefits of working as a police confidential informant. Details for individual reviews received before 2009 are not displayed. 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. 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. That's all I'm doing right now.". The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. How to beat a confidential informant - Quora 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Yes, a felon can be an informant. NPR went there with veteran Juarez crime reporter Carlos Huerta. Courtesy Texas DMV, U.S. D.O.J. 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. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 0000017958 00000 n Drug Use and The Use of a Confidential Informant | Ketcham Law "He would say, 'We're going to have a barbecue.' 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. How to Become an FBI Informant | Legal Beagle A Bureau of Justice Assistance Monograph. The government could decide to charge someone who does that with obstruction of justice, among other things. The pros and cons of being a confidential informant. The killings in Juarez took place more than six years ago. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. What Are the Different Types of Injunctions in Florida? But she did. 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). The true identity of a confidential informant should be strictly limited to an identified number of people. 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. This is something that can be used to impeach him when he testifies. 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. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Visit our attorney directory to find a lawyer near you who can help. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. It is not like the old school movies where you can see a wire taped under someones shirt. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Becoming an Informant | Office of Justice Programs You may feel trapped by serving as a Government informant. His handlers did well, too. This is the first time that Bencomo has talked publicly. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Motives and Motivations of Confidential Informants A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. There are several ways to become an FBI informant. there are basically two types of police investigation, reactive and proactive. The majority of informants are those working off their own cases. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. . Protecting confidential informant identities -breaches risk lives The high court held that reliance on informant testimony implicates . The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. 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, He says Lalo was the keeper of the keys. Distinguished: An excellent rating for a lawyer with some experience. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. he says. 2. Possibly, yes. Police and prosecutors generally want to keep the identity of their CI a secret. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. Mathew did an amazing job in court. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 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. 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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. The feds paid Lalo well: nearly $250,000 over four years. I am not saying my child didnt have a breakdown. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 0000001094 00000 n 0000000884 00000 n Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. The CI may do controlled buys. This means that the CI will have an agreement with the police. After all, the average CI is a The CI may be wearing a wire or recording device. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. 129 0 obj <> endobj Penalties for Drug Possession Charges as a Minor. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Kansas bill would give context about jailhouse informants | The Kansas Here in Mexico, there is no justice, only impunity," Magana says. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 0000018883 00000 n 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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.