The high court held that reliance on informant testimony implicates .
Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Sorting through those theories and condensing them into something that has practical utility needs a lot of research. We came back night after night to see how many they dug up.". Penalties for Drug Possession Charges as a Minor. 0000000884 00000 n
This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 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. Secure .gov websites use HTTPS Lalo has been in solitary confinement for more than five years. What evidence is needed to make a drug bust? hide caption. Every day that passes is another day that the prosecutors office is working to secure your guilt. and Raul Loya Confidential informants people who pose. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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. Here in Mexico, there is no justice, only impunity. Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Once the government uses you as a CI, they can be done with you. This field is for validation purposes and should be left unchanged. The majority of informants are those working off their own cases. We contacted our attorney in the state where we live and he recommended Matt to us. We will review the facts surrounding your unique case and provide you with honest answers. But during our interview, ICE said that handbook still isn't finished. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. This is the first time that Bencomo has talked publicly. 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).
Can a felon be a confidential informant? What evidence is needed to Timeline: An ICE Informant Run Amok Or Mishandled? If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. 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.
Should You Work as a Police Confidential Informant? Defense - YouTube Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. In the end the police are working for the government and you are left holding the bag. 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, ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. 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. All rights reserved.|Disclaimer|Privacy policy. Courtesy Texas DMV, U.S. D.O.J. You may feel trapped by serving as a Government informant. he really cares and goes beyond 100% to help his clients. Matt was available throughout the process for consultations with both my son and his parents. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. 0000001889 00000 n
Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. The agency began deportation proceedings with the intention of sending him back to Mexico. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Those are . Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. A responsive, knowledgeable and skilled attorney. Bencomo says the agents were told that Santillan was the No. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. The information provided on this site is not legal and Raul Loya. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Mathew is really eloquent and smart. Do not allow any of these things to happen to you. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. 142 0 obj<>stream
The pros and cons of being a confidential informant. 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. hide caption. 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. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). The more specific and detailed, the more likely a court is to accept a CI's information. It hit me like cold water in the face; it just feels terrible. 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. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation.
How to Beat a Drug Trafficking Charge in Florida "Are you kidding me? "I believe in some kind of justice, and I think I was doing something good," he said. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Bencomo says Lalo was different from other informants. It's also the least painful and expensive. Ashok Dhamija You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Throughout, he maintained consistent communication each step of the way until my case was resolved. For now, he said, jail is better than the fate he faces in Mexico. The memo stated that those rules would be part of a new policy handbook. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. And the CI must answer the question truthfully or else possibly face sanctions in court. The reason for this is the police use the CI to gain probable cause for your arrest. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. The recording devices used have become very sophisticated and are virtually undetectable. and Raul Loya That's all I'm doing right now.". Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. "And you have to act like a criminal.". Contact Susan Williams today for a free consultation. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Are Confidential Informants Credible? "That was the first incident that I ever came across that he was working both sides," Bencomo says. Copyright 2023 Weinstein Legal. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Anyone considering being a CI should first talk to a criminal defense attorney. 0000001273 00000 n
Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. If you need help defending yourself from these cases, our criminal defense firm can help. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Yes, a felon can be an informant. 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.
The Use of 'Confidential Informants' Can Lead to Unnecessary and 28 How To Beat A Confidential Informant 02/2023 - KTHN If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. "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. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. The problem is that there is no one to police the police. The Drug Enforcement Administration blacklisted him. Understanding an informants motives for providing information is fundamental to managing them effectively. All these only go to reinforce stereotypes. The CI will contact you or maybe you contact the CI.
Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction.
How to discredit a confidential informant during a criminal trial - Quora Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The CI knows he/she is working as a snitch, but you do not. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 5. Jeralyn Elise Merritt (Unclaimed Profile). Police and prosecutors generally want to keep the identity of their CI a secret. 3. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 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 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.
Learning the Identity of a Confidential Informant - Nolo An official website of the United States government, Department of Justice. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Saying they have a CI may be a cover for ill-gotten evidence and information. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. listings on the site are paid attorney advertisements. The police have the upper hand on CIs. Details for individual reviews received before 2009 are not displayed. NPR went there with veteran Juarez crime reporter Carlos Huerta. 0000001094 00000 n
To the U.S. government, he was officially informant No. I took the recording and I told my supervisor that I didn't wish to be part of the case.". The Client Review Rating score is determined through the aggregation of validated responses. An exchange for leniency in the charges against the informant generally occurs in these situations. 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. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. for the objects of police raids if things go awry. How Can Mitigation Help Get Me The Lowest Possible Sentence? For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Visit https://www.gustitislaw.com for more information about inform. 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. Some informants have personalities that make them difficult to manage. In all, there were 12 victims.
What Is a Confidential Informant? - Randall & Stump, Criminal Defense NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. But Bencomo stayed on, and so did Lalo. 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. However, the above measures are extra insurance for the police, they are not required. 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. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 913, though most called him by the nickname Lalo. We found ourselves against all odds. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Answer (1 of 5): The first thing you need to do is know your enemy. "He would say, 'We're going to have a barbecue.' Secondly, know all the versions of the s. "I had to go to the restroom and throw up. The majority of informants are those working off . By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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. 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. But it wasn't just the people of Juarez who were outraged. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Can a felon be a confidential informant? It just made me sick. But in either language, his story is the same. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. 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. Some people have heard of the witness protection program in movies or TV shows. 0000017958 00000 n
abstract. And Lalo was with them. You cant enforce these agreements or conversations. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Why did the chicken cross the road ? For a quick fix solution Wikipedia provides a list of potential motivations. The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success.
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PDF Confidential Informants: Protecting Their Identity 3 man in the Juarez cartel. Contact us. The monograph is organized around the confidential informant's employment .