Drug Informants: Motives, Methods, and Management Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 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. Visit https://www.gustitislaw.com for more information about inform. 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. Fabricating a confidential informant can lead to dire consequences. But it wasn't just the people of Juarez who were outraged. The monograph is organized around the confidential informant's employment . The CI may be wearing a wire or recording device. The CI knows he/she is working as a snitch, but you do not. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. Sign up. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. I had to go to the restroom and throw up. Do not wait to start working on your defense. In my mind, he was given a license to kill. In the end the police are working for the government and you are left holding the bag. Answer (1 of 5): The first thing you need to do is know your enemy. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Distinguished: An excellent rating for a lawyer with some experience. This field is for validation purposes and should be left unchanged. 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). His performance in court was outstanding and gave me a big victory. It is ugly. Supplemental Terms. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case.
Learning the Identity of a Confidential Informant - Nolo NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Courtesy Texas DMV, U.S. D.O.J.
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Possess or use a dangerous drug. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Copyright 2023 Weinstein Legal. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. about FindLaws newsletters, including our terms of use and privacy policy. "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. On the tape, Lalo looks more like a victim than a drug thug. code or county). If you need help defending yourself from these cases, our criminal defense firm can help. 913, though most called him by the nickname Lalo. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. 142 0 obj<>stream
That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed.
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.
Protecting confidential informant identities -breaches risk lives We contacted our attorney in the state where we live and he recommended Matt to us. Why did the chicken cross the road ? Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 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. vPxK
s&K0!6XYY'`aIbce9"\*z816&V:::Z. There are several ways to become an FBI informant. 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. trailer
Eventually, a dozen bodies were unearthed at the site. 3. 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. Details for individual reviews received before 2009 are not displayed. Every day that passes is another day that the prosecutors office is working to secure your guilt. Once the government uses you as a CI, they can be done with you. Terms of Service apply. Being a CI is a very dangerous, risky endeavor. You may feel you are being watched. A still from a video in which Lalo talks about his case. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. But she did. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. There are legal defenses available to you. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. "It hit me like cold water in the face; it just feels terrible. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Saying they have a CI may be a cover for ill-gotten evidence and information.
CONFIDENTIAL INFORMANT | Office of Justice Programs And he didn't need the money he was already making plenty in Juarez's drug trade. It all depends on the facts of your case. Possibly, yes. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 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, 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. 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. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. This is something that can be used to impeach him when he testifies. Matt was available throughout the process for consultations with both my son and his parents. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1.
Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. 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. 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. 0000001273 00000 n
"When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. I couldn't believe it," says the DEA's Sandalio Gonzalez. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. %%EOF
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With every new body, the smell would hit us it was horrible. 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. Some informants have personalities that make them difficult to manage. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Informants. A Bureau of Justice Assistance Monograph. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. That's all I'm doing right now.". You may not see or notice the police. How Much Jail Time for Felony Grand Theft? ZIP In general, the Government goes to great lengths to not reveal the identity of snitches. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Call 954-845-0505 any time, day or night, to speak with a member of our team. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Share sensitive information only on official, secure websites. Bencomo says Lalo was different from other informants. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Copyright 2022, Thomson Reuters. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 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. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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. Yes, in some circumstances the police will pay a person to be a CI. 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. Visit our attorney directory to find a lawyer near you who can help. in the former, a crime is reported to the police and an investigation is initiated; in the latter .
Should You Work as a Police Confidential Informant? Defense - YouTube ICE says it learned some lessons dealing with Lalo. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. 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. He says that the agency's guidelines for using confidential informants are sound. Penalties for Drug Possession Charges as a Minor. 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. So where are we going to find any help if we can't trust the U.S.? My reservations were quickly eased during my initial consultation. The guidelines can be used to develop or revise written directives for using and managing informants. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. To the U.S. government, he was officially informant No. 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. 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 . Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Understanding an informants motives for providing information is fundamental to managing them effectively. How Do You Beat a Drug Trafficking Charge in Florida? The guidelines can be used to develop or revise written directives for using and managing informants. To the U.S. government, he was officially informant No. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. Yes, a felon can be an informant. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. The feds paid Lalo well: nearly $250,000 over four years. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. The majority of informants are those working off their own cases. 0000001094 00000 n
Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. 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. hide caption. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Exculpatory evidence is evidence that could clear the defendant of guilt. And Lalo was with them. 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. 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. Contact Susan Williams today for a free consultation. However, this does not have to be the case.
Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran.
The Case Of A Confidential Informant Gone Wrong : NPR Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". I am not saying my child didnt have a breakdown. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Confidential Informant Testifies as Government Witness.
There should be an audit trail detail who has seen the true identity and when they saw it. 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? Once the case was done, ICE was also done with Lalo. Among the victims were two U.S. residents. So how can a court find a CI's testimony to be credible? Courtesy Texas DMV, U.S. D.O.J. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. We found ourselves against all odds. 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.