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. Even with the promise of payment, the decision to become a CI is very dangerous. Sign up. Demonstrate any past instances of false or invalidated evidence or information they have provided. "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?" 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. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. "And you have to act like a criminal.". . There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. The recording devices used have become very sophisticated and are virtually undetectable. And Lalo was with them. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. If you need help defending yourself from these cases, our criminal defense firm can help. Thus, a court needs some basis for a CI's allegations. 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. Timeline: An ICE Informant Run Amok Or Mishandled? Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. 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. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. "It just made me sick," he says. I couldn't believe it," says the DEA's Sandalio Gonzalez. The guidelines can be used to develop or revise written directives for using and managing informants. Eventually, a dozen bodies were unearthed at the site. Identities should be stored in a system with the highest level of security and with Role Based Access Control. And the CI must answer the question truthfully or else possibly face sanctions in court. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 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 majority of informants are those working off their own cases. 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. 0000001540 00000 n 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. 0 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. There is no obligation from the Government to protect you the rest of your life because you served as a CI. "I really was doing something good," he said. An attorney may help you weigh your options. For a quick fix solution Wikipedia provides a list of potential motivations. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Visit https://www.gustitislaw.com for more information about inform. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Mathew is really eloquent and smart. 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. The CI is searched before and after the deal by the police. The state will do its best to not reveal the identity of the CI. This story was produced for broadcast by Marisa Penaloza. 3. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. The identity of the CI can be necessary to a Defendants defense in their criminal case. 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. You may feel you are being watched. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Saying they have a CI may be a cover for ill-gotten evidence and information. NPR went there with veteran Juarez crime reporter Carlos Huerta. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Jeralyn Elise Merritt (Unclaimed Profile). 0000017958 00000 n This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. in the former, a crime is reported to the police and an investigation is initiated; in the latter . This website is for general informational purposes only. In all, there were 12 victims. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Read More >>. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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. trailer Can a REDDI Report Be the Legal Basis for a Traffic Stop? For now, he said, jail is better than the fate he faces in Mexico. "Are you kidding me? Active listening for police - a skill for conflict avoidance. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. He's clean-cut and clearly educated. There are legal defenses available to you. 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. 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. 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, 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. 0000017403 00000 n 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. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Police and prosecutors generally want to keep the identity of their CI a secret. A lock ( ZIP 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. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Here in Mexico, there is no justice, only impunity. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Absolutely. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. He is the best !! "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. These guys are El Paso's version of the Keystone Kops," Loya says. But in Lalo's case, he says, rogue agents didn't properly follow them. 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. 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. If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. 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. The information may prove to relate to exculpatory evidence. <<59BC4FB09E3701468D15B956FB86861C>]>> The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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 . of this site is subject to additional 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. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. Schedule a free consultation today. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Skip to content. Some people have heard of the witness protection program in movies or TV shows. This is a common issue people face when working as CIs. This is very wrong and a misconception. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. He explained to my husband and I what my son was facing. The high court held that reliance on informant testimony implicates . 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. 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. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. And the devices are constantly evolving and improving. His handlers did well, too. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 6. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 0000000884 00000 n FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. There must be some legal guarantee that a CI's info is good. For a free legal consultation, call 215.515.3360. Law enforcement will often corroborate a CI's information with consistent observations by officers. The killings in Juarez took place more than six years ago. A few other articles found on the internet will give an expanded version of that list. [It is only available to law enforcement.]. Copyright 2022, Thomson Reuters. Your access of/to and use 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. xb```Il@r/ 0! This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 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. This site is protected by Confidentiality is what makes the informant valuable. Those are . We called after our son was arrested for a crime he committed nearly 9 months earlier.
Where Is Ben Davis Phillies Broadcaster, Lorenzo The Elder Cause Of Death, Plus Size Scrub Skirts, Articles H