Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Lalo said his actions were necessary to maintain his cover. It just made me sick. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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 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). Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. The guidelines can be used to develop or revise written directives for using and managing informants. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Are Confidential Informants Credible? Confidential Informant Testifies as Government Witness. A person shall not knowingly: 1.
$2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. To the U.S. government, he was officially informant No. How Much Jail Time for Felony Grand Theft? I would recommend Justin without reservation to anyone seeking representation. It depends. 129 14
In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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. Mathew did an amazing job in court. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 0000017958 00000 n
The CI knows he/she is working as a snitch, but you do not. Learn more This may result in longer prison sentences and larger fines associated with a conviction. The Client Review Rating score is determined through the aggregation of validated responses. Call 954-845-0505 any time, day or night, to speak with a member of our team. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Once I reached out to Matt he was back in touch within the hour. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. A still from a video in which Lalo talks about his case. Law enforcement may keep threatening jail or charges unless you work one more deal for them. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. (The capacity for telling lies is called "mendacity," in case you were wondering.) This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. This website is for general informational purposes only. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. Anyone considering being a CI should first talk to a criminal defense attorney. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Those are . 0000000966 00000 n
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. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Some people have heard of the witness protection program in movies or TV shows. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Is a Confidential Informant Truthful? Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. 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. and Raul Loya Confidential informants people who pose. Login. But she did. 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, Timeline: An ICE Informant Run Amok Or Mishandled? As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. For a quick fix solution Wikipedia provides a list of potential motivations. Informants. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Throughout, he maintained consistent communication each step of the way until my case was resolved. This decision can affect you and others for the rest of your life. Exculpatory evidence is evidence that could clear the defendant of guilt. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 0000001889 00000 n
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. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 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. 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. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. The agency began deportation proceedings with the intention of sending him back to Mexico. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. The feds paid Lalo well: nearly $250,000 over four years. Some informants have personalities that make them difficult to manage. Ashok Dhamija The state will do its best to not reveal the identity of the CI. Fabricating a confidential informant can lead to dire consequences. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. He says Lalo was the keeper of the keys. Criminal Defense Attorney in Philadelphia. Secure .gov websites use HTTPS "I don't know if they are going to keep me here for the rest of my life," he said. Identities should be stored in a system with the highest level of security and with Role Based Access Control. "I really was doing something good," he said. trailer
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. It is possible to beat drug trafficking charges. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. For now, he said, jail is better than the fate he faces in Mexico. Therefore, they wont be able to provide any information. 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. 0000032775 00000 n
And the devices are constantly evolving and improving. 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. 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. How Do You Beat a Drug Trafficking Charge in Florida? A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. 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. 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. 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. 0000001712 00000 n
Once the case was done, ICE was also done with Lalo. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. But it wasn't just the people of Juarez who were outraged. And he didn't need the money he was already making plenty in Juarez's drug trade. Choosing the right attorney can be the most important step youll ever take. The use of informants by police is essentially unregulated by the courts. It all depends on the facts of your case. So how can a court find a CI's testimony to be credible? Secondly, know all the versions of the s. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. The government does not have the resources or time to do this. Possibly, yes. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 3. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 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. hide caption. That's all I'm doing right now.". Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. The police can use information gained from the CI about you that the Government can use when prosecuting your case. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. 5. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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 this hour of need and when this medical pro Mat was such a relief to our family! He says that the agency's guidelines for using confidential informants are sound. "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?" All these only go to reinforce stereotypes. "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.'