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

When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Saying they have a CI may be a cover for ill-gotten evidence and information. Lalo wasn't looking to make a deal. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. "It just made me sick," he says. I took the recording and I told my supervisor that I didn't wish to be part of the case.". I am not saying my child didnt have a breakdown. . If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Among the victims were two U.S. residents. 142 0 obj<>stream Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The Client Review Rating score is determined through the aggregation of validated responses. 6. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. A responsive, knowledgeable and skilled attorney. A. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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 . His performance in court was outstanding and gave me a big victory. 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. 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. 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. I had to go to the restroom and throw up. 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. . abstract. Head of the criminal defense division and fellow partner Matt Shafran is an experienced criminal defense attorney in Florida who is ready and willing to fight aggressively in a court of law to defend your rights. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 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. There may be cameras in the location that the deal takes place. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Confidentiality is what makes the informant valuable. 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. There is no obligation from the Government to protect you the rest of your life because you served as a CI. 129 14 2. 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). Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. We came back night after night to see how many they dug up.". 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. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. "It hit me like cold water in the face; it just feels terrible. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Choosing the right attorney can be the most important step youll ever take. A simple he-said-she-said backed up with no observations won't be worth much in court. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. The CI may be working several buy busts before the CIs work is finished with the police. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Active listening for police - a skill for conflict avoidance. You must have an associate's degree and a bachelor's degree in the relevant areas. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Understanding motive and motivation. Those are . In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Can a REDDI Report Be the Legal Basis for a Traffic Stop? These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. "In my mind, he was given a license to kill.". he really cares and goes beyond 100% to help his clients. The government could decide to charge someone who does that with obstruction of justice, among other things. The information may prove to relate to exculpatory evidence. Both federal and state law enforcement officers use confidential informants. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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. 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. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. His handlers did well, too. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. For a free legal consultation, call 215.515.3360. for the objects of police raids if things go awry. "We stayed there all night and watched as they pulled out bodies," Magana 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. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Is a Confidential Informant Truthful? The police can use information gained from the CI about you that the Government can use when prosecuting your case. Eventually, a dozen bodies were unearthed at the site. "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?" We called after our son was arrested for a crime he committed nearly 9 months earlier. The guidelines can be used to develop or revise written directives for using and managing informants. "And you have to act like a criminal.". If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. Courtesy Raul Loya 3 man in the Juarez cartel. 5 Factors Courts Will Consider. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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. Thank you Mathew!! Matt was available throughout the process for consultations with both my son and his parents. 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 . Ashok Dhamija In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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. Secure .gov websites use HTTPS 0000000576 00000 n We found ourselves against all odds. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. You will not be able to notice the marks. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Bencomo says Lalo was different from other informants. Call 954-845-0505 any time, day or night, to speak with a member of our team. In all, there were 12 victims. The required areas are criminal justice, law enforcement, police science, etc. 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). 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. But this is nearly non-existent in state cases and rare, at best, in federal cases. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. "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," he says. Contact us. It is not like the old school movies where you can see a wire taped under someones shirt. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. In general, the Government goes to great lengths to not reveal the identity of snitches. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. And he didn't need the money he was already making plenty in Juarez's drug trade. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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 . Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Even with the promise of payment, the decision to become a CI is very dangerous. 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. Yes, a felon can be an informant. 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. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Believe it or not it is legal for law enforcement to pay a government snitch! Visit https://www.gustitislaw.com for more information about inform. Share sensitive information only on official, secure websites. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. A few other articles found on the internet will give an expanded version of that list. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo.