I would recommend Justin without reservation to anyone seeking representation. hide caption. The CI may be charged with a serious drug (or other) criminal offense. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. The best way to beat the system and stay out of prison is don't break the law. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. But she did. This may result in longer prison sentences and larger fines associated with a conviction. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Thus, a court needs some basis for a CI's allegations. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. The information provided on this site is not legal This site is protected by It often comes to light that things may not be as they seem and this can greatly help your defense. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Raul Bencomo, then an agent with U.S. Customs, assigned code No. The CI must provide 100% honest information. For a quick fix solution Wikipedia provides a list of potential motivations. 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 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. All rights reserved.|Disclaimer|Privacy policy. 6. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Lalo said his actions were necessary to maintain his cover. Bencomo says the agents were told that Santillan was the No. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. "What is wrong with this picture?". Identities should be stored in a system with the highest level of security and with Role Based Access Control. To the U.S. government, he was officially informant No. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. xb```Il@r/ 0! He is the best !! How the FBI Conceals Its Payments to Confidential Sources 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? If CIs were public record, it would put their lives in danger and the lives of their loved ones. Jeralyn Elise Merritt (Unclaimed Profile). In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. in the former, a crime is reported to the police and an investigation is initiated; in the latter . 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. 0000000576 00000 n
Former agent Bencomo remembers listening to the tape. 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. All rights reserved. The CI knows he/she is working as a snitch, but you do not. Share sensitive information only on official, secure websites. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Law enforcement will often corroborate a CI's information with consistent observations by officers. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. Some people have heard of the witness protection program in movies or TV shows. We found ourselves against all odds. confidential relationship is or should be formed by use of the site. No one. My reservations were quickly eased during my initial consultation. for the objects of police raids if things go awry. abstract. . This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. Even with the promise of payment, the decision to become a CI is very dangerous. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw Visit our attorney directory to find a lawyer near you who can help. 913, though most called him by the nickname Lalo. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. What evidence is needed to make a drug bust? We will review the facts surrounding your unique case and provide you with honest answers. So where are we going to find any help if we can't trust the U.S.? startxref
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 you need help defending yourself from these cases, our criminal defense firm can help. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. The most common way to become an FBI informant is to be approached by the FBI. "So where are we going to find any help if we can't trust the U.S.?". Saying they have a CI may be a cover for ill-gotten evidence and information. 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. The police have the upper hand on CIs. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. and Raul Loya See are article relating to Missouri's witness protection program and the lack of uptake. 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. We came back night after night to see how many they dug up.". ZIP 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 . It is ugly. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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). and Raul Loya. The killings in Juarez took place more than six years ago. 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. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. How to Become an FBI Informant | Legal Beagle a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Courtesy Texas DMV, U.S. D.O.J. Informants. However, this does not have to be the case. There may be cameras in the location that the deal takes place. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 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. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. You order drugs from the CI. He also helped crack a major international cigarette smuggling ring. 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. 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. 1 ANSWER. 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. 0000017958 00000 n
Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Protecting confidential informant identities -breaches risk lives If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. I took the recording and I told my supervisor that I didn't wish to be part of the case. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 129 14
Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. ) or https:// means youve safely connected to the .gov website. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Throughout, he maintained consistent communication each step of the way until my case was resolved. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Drug Use and The Use of a Confidential Informant | Ketcham Law Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. A person shall not knowingly: 1. Confidentiality is what makes the informant valuable. The true identity of a confidential informant should be strictly limited to an identified number of people. Lalo's information was on the mark. 0000032339 00000 n
This is very wrong and a misconception. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 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. Sign up. So how can a court find a CI's testimony to be credible? What Is the Difference between Kidnapping and False Imprisonment. The CI is assigned a CI number and agrees to provide information about your case to the police. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 0000017403 00000 n
The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Defending Against Informants in Drug Sales Cases | Ray Kimble Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. But Bencomo stayed on, and so did Lalo. "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?" Confidential Informants can never be 100% protected by the Government or anyone else. 913, though most called him by the nickname Lalo. For a free legal consultation, call 215.515.3360. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. That's all I'm doing right now.". This important decision can affect you the rest of your life and possibly even your loved ones or friends. 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, Here in Mexico, there is no justice, only impunity. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs It is important for law enforcement to protect the credibility of the informant as much as possible. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Opinion | Want to make a million? Become a DEA informant. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Fortunately we have done it for you. The memo stated that those rules would be part of a new policy handbook. If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. The CI will likely be paying with marked money. 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Criminal Defense Attorney in Philadelphia. Distinguished: An excellent rating for a lawyer with some experience. He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. However, the above measures are extra insurance for the police, they are not required. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 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. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. The more specific and detailed, the more likely a court is to accept a CI's information. The recording devices used have become very sophisticated and are virtually undetectable. "He would say, 'We're going to have a barbecue.' For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. How Much Jail Time for Felony Grand Theft? 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.