Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. The police can use information gained from the CI about you that the Government can use when prosecuting your case. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. The police have the upper hand on CIs. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. Even with the promise of payment, the decision to become a CI is very dangerous. For a free legal consultation, call 215.515.3360. Fabricating a confidential informant can lead to dire consequences. Secondly, know all the versions of the s. Once the government uses you as a CI, they can be done with you. 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 relationship. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. However, you need a tireless defense team fighting on your behalf. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Some informants have personalities that make them difficult to manage. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. But he had his reasons for informing on the drug gang. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 0 28 How To Beat A Confidential Informant 02/2023 - KTHN and Raul Loya. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Police and prosecutors generally want to keep the identity of their CI a secret. there are basically two types of police investigation, reactive and proactive. xref Mathew is really eloquent and smart. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. The attorney How to Become an FBI Informant | Legal Beagle PDF The Attorney General'S Guidelines Regarding the Use of - Ignet of this site is subject to additional 0000001273 00000 n The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. It is ugly. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 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 This important decision can affect you the rest of your life and possibly even your loved ones or friends. So how can a court find a CI's testimony to be credible? Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. How to Become a Confidential Informant | Mental Itch Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. The purpose of the ruling is to establish an informant . As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. He also helped crack a major international cigarette smuggling ring. 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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Copyright 2023 Weinstein Legal. Matthew and his team made calls and were very persistent. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Anyone considering being a CI should first talk to a criminal defense attorney. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. After all, the average CI is a Demonstrate any past instances of false or invalidated evidence or information they have provided. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. What Is the Difference between Kidnapping and False Imprisonment. 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. There may be other reasons why the identity of the CI will be revealed. hide caption. 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. 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. abstract. Exculpatory evidence is evidence that could clear the defendant of guilt. And the devices are constantly evolving and improving. The majority of informants are those working off their own cases. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' Among the victims were two U.S. residents. There must be some legal guarantee that a CI's info is good. "I believe in some kind of justice, and I think I was doing something good," he said. and Raul Loya The best way to beat the system and stay out of prison is don't break the law. In all, there were 12 victims. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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. 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. Terms of Service apply. 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 CI is searched before and after the deal by the police. There are several ways to become an FBI informant. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. "There were these code words that the bosses would say to Lalo," Huerta says. 129 0 obj <> endobj Here in Mexico, there is no justice, only impunity. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Our son was distraught and frightened and Matt was very reassuring and supportive. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. ) or https:// means youve safely connected to the .gov website. How Do You Beat a Drug Trafficking Charge in Florida? The killings in Juarez took place more than six years ago. startxref This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. The information may prove to relate to exculpatory evidence. 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. And gaining a better understanding of what motivates people takes time. How To Find Out If Someone Is A Police Informant The use of informants by police is essentially unregulated by the courts. hide caption. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. To the U.S. government, he was officially informant No. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Meeting with a lawyer can help you understand your options and how to best protect your rights. Opinion | Want to make a million? Become a DEA informant. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 3 man in the Juarez cartel. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 2. 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. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant.
Alex Brightman Beetlejuice,
Leeds United Signed Champions Shirt,
90 Day Fiance Aziza Eating Disorder,
Articles H
how to beat a confidential informant