how to beat a confidential informant

"He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. After all, the average CI is a An official website of the United States government, Department of Justice. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. A responsive, knowledgeable and skilled attorney. How Can Mitigation Help Get Me The Lowest Possible Sentence? [It is only available to law enforcement.]. You deserve the same chance at having an excellent legal defense. 0000017958 00000 n 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. 0000000966 00000 n Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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, I took the recording and I told my supervisor that I didn't wish to be part of the case. There must be some legal guarantee that a CI's info is good. However, you need a tireless defense team fighting on your behalf. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. "I believe in some kind of justice, and I think I was doing something good," he said. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Bencomo says the agents were told that Santillan was the No. abstract. 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. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. "I really was doing something good," he said. Absolutely. 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. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. That's all I'm doing right now.". This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Criminal Defense Attorney in Philadelphia. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. Your access of/to and use 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. xref 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. <<59BC4FB09E3701468D15B956FB86861C>]>> This important decision can affect you the rest of your life and possibly even your loved ones or friends. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. 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. The CI may be working several buy busts before the CIs work is finished with the police. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. Former agent Bencomo remembers listening to the tape. The information may prove to relate to exculpatory evidence. Being a CI is a very dangerous, risky endeavor. The police have the upper hand on CIs. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Law enforcement will often corroborate a CI's information with consistent observations by officers. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. I would recommend Justin without reservation to anyone seeking representation. 5. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. The more specific and detailed, the more likely a court is to accept a CI's information. "It just made me sick," he says. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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. Visit our attorney directory to find a lawyer near you who can help. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Every day that passes is another day that the prosecutors office is working to secure your guilt. hide caption. "Are you kidding me? For now, he said, jail is better than the fate he faces in Mexico. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to 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. You will not be able to notice the marks. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. "In my mind, he was given a license to kill.". If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. 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. 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. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 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. 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. This is the first time that Bencomo has talked publicly. 0000001094 00000 n 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. Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. A common myth that is absolutely not true is that confidential informants do not testify in trials. advice, does not constitute a lawyer referral service, and no attorney-client or For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? The best way to beat the system and stay out of prison is don't break the law. 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. The CI will likely be paying with marked money. 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. What Are the Different Types of Injunctions in Florida? Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The government could decide to charge someone who does that with obstruction of justice, among other things. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 3 man in the Juarez cartel. Human motives and motivation is a complex subject with many competing theories. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The information provided on this site is not legal Courtesy Texas DMV, U.S. D.O.J. In the end the police are working for the government and you are left holding the bag. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". In this hour of need and when this medical pro Mat was such a relief to our family! You may feel you are being watched. What evidence is needed to make a drug bust? "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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. In general, the Government goes to great lengths to not reveal the identity of snitches. The agency began deportation proceedings with the intention of sending him back to Mexico. The CI is searched before and after the deal by the police. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 0000032775 00000 n Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Police and prosecutors generally want to keep the identity of their CI a secret. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. 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. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 0000000884 00000 n A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 0000001889 00000 n Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Lalo wasn't looking to make a deal. I took the recording and I told my supervisor that I didn't wish to be part of the case.". This decision can affect you and others for the rest of your life. It can also be risky for the prosecution if they must give the CIs identity to the defense later. And gaining a better understanding of what motivates people takes time. hide caption. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. We contacted our attorney in the state where we live and he recommended Matt to us. Anyone considering being a CI should first talk to a criminal defense attorney. 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 . 6. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. It is important for law enforcement to protect the credibility of the informant as much as possible. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The feds paid Lalo well: nearly $250,000 over four years. 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. "It was so horrible. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. You must have an associate's degree and a bachelor's degree in the relevant areas. Once the case was done, ICE was also done with Lalo. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 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). But she did. The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. Why did the chicken cross the road ? The government does not have the resources or time to do this. There are legal defenses available to you. Choosing the right attorney can be the most important step youll ever take. 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. 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. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. and Raul Loya Do not wait to start working on your defense. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. startxref So where are we going to find any help if we can't trust the U.S.? $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. But it wasn't just the people of Juarez who were outraged. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well.

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