Yes, a felon can be an informant. 0000017403 00000 n
"Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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 . Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Schedule a free consultation today. How Much Jail Time for Felony Grand Theft? The CI may do controlled buys. This means that the CI will have an agreement with the police. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Timeline: An ICE Informant Run Amok Or Mishandled? Drug smuggling turned out to be the least of Lalo's exploits. It is not like the old school movies where you can see a wire taped under someones shirt. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. In any case, the outcome will most likely benefit you as the defendant. But this is nearly non-existent in state cases and rare, at best, in federal cases. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. All rights reserved. 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. 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. Eventually, a dozen bodies were unearthed at the site. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. 129 0 obj <>
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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. Saying they have a CI may be a cover for ill-gotten evidence and information. Answer (1 of 5): The first thing you need to do is know your enemy. 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, "What is wrong with this picture?". This site is protected by The identity of the CI can be necessary to a Defendants defense in their criminal case. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. If you agree to work with the FBI, you will be . 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. 0000001889 00000 n
Criminal defense attorneys have a host of tools to do this. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Throughout, he maintained consistent communication each step of the way until my case was resolved. The Client Review Rating score is determined through the aggregation of validated responses. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. The CI may be charged with a serious drug (or other) criminal offense. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Once the case was done, ICE was also done with Lalo. "We stayed there all night and watched as they pulled out bodies," Magana says. Put crudely . I had to go to the restroom and throw up. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. To the U.S. government, he was officially informant No. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. The CI may be wearing a wire or recording device. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. The Drug Enforcement Administration blacklisted him. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Supplemental Terms. The content of the responses is entirely from reviewers. 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. The majority of informants are those working off their own cases. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). In all, there were 12 victims. After all, the average CI is a Contact Susan Williams today for a free consultation. Contact us. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. Secure .gov websites use HTTPS "I was shocked. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. of this site is subject to additional Lalo's information was on the mark. But she did. Guadalupe Juarez/AFP/Getty Images But Bencomo stayed on, and so did Lalo. Skip to content. Some informants have personalities that make them difficult to manage. 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. Being a convicted felon means that the criminal offense will always show up on a background check and you may find it difficult to find housing or employment in the future. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 0000032339 00000 n
Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 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. hide caption. It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. Do not allow any of these things to happen to you. 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). 0000000576 00000 n
Matt was available throughout the process for consultations with both my son and his parents. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. How credible is the confidential informant? 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. Once I reached out to Matt he was back in touch within the hour. Confidentiality is what makes the informant valuable. And the CI must answer the question truthfully or else possibly face sanctions in court. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. 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. However, this does not have to be the case. Can a felon be a confidential informant? "There were these code words that the bosses would say to Lalo," Huerta says. Marvin Christensen @MarvinChristensen988. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. 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. 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. That's all I'm doing right now.". 129 14
As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. There are legal defenses available to you. 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. What Is the Difference between Kidnapping and False Imprisonment. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Informants. You may feel trapped by serving as a Government informant. Courtesy Raul Loya Informants nationwide end up beaten, tortured and dead once they're found out. 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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 high court held that reliance on informant testimony implicates . Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 142 0 obj<>stream
Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. Once the government uses you as a CI, they can be done with you. Jeralyn Elise Merritt (Unclaimed Profile). Former agent Bencomo remembers listening to the tape. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. 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. You may feel you are being watched. 0000032775 00000 n
When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. But during our interview, ICE said that handbook still isn't finished. 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. 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. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 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. Exculpatory evidence is evidence that could clear the defendant of guilt. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. How Do You Beat a Drug Trafficking Charge in Florida? But that is the sobering truth of being a CI. It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Is a Confidential Informant Truthful? There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 0000017958 00000 n
Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Guadalupe Juarez/AFP/Getty Images he really cares and goes beyond 100% to help his clients. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Our son was distraught and frightened and Matt was very reassuring and supportive. 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. 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. 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.