The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Sign up. hide caption. Marvin Christensen @MarvinChristensen988. he really cares and goes beyond 100% to help his clients. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. The Drug Enforcement Administration blacklisted him. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Lalo said his actions were necessary to maintain his cover. Here in Mexico, there is no justice, only impunity. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. The attorney 0000001094 00000 n 0000000016 00000 n 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Human motives and motivation is a complex subject with many competing theories. There may be cameras in the location that the deal takes place. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Therefore, they wont be able to provide any information. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Police and prosecutors generally want to keep the identity of their CI a secret. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. In any case, the outcome will most likely benefit you as the defendant. This story was produced for broadcast by Marisa Penaloza. 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. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. A responsive, knowledgeable and skilled attorney. 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 was so horrible. 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 said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Put crudely . 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. The majority of informants are those working off . "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.' Guadalupe Juarez/AFP/Getty Images To the U.S. government, he was officially informant No. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Details for individual reviews received before 2009 are not displayed. 913, though most called him by the nickname Lalo. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. For now, he said, jail is better than the fate he faces in Mexico. Copyright 2022, Thomson Reuters. There are legal defenses available to you. The government could decide to charge someone who does that with obstruction of justice, among other things. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. 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. Possess a dangerous drug for sale. With every new body, the smell would hit us it was horrible. of this site is subject to additional 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. Lawyers from our extensive network are ready to answer your question. 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. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. If you need help defending yourself from these cases, our criminal defense firm can help. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. The problem is that there is no one to police the police. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The most common way to become an FBI informant is to be approached by the FBI. Some people have heard of the witness protection program in movies or TV shows. 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 capacity for telling lies is called "mendacity," in case you were wondering.) These guys are El Paso's version of the Keystone Kops," Loya says. The high court held that reliance on informant testimony implicates . A Bureau of Justice Assistance Monograph. The CI is assigned a CI number and agrees to provide information about your case to the police. 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. Former agent Bencomo remembers listening to the tape. ZIP "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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 use of informants by police is essentially unregulated by the courts. 142 0 obj<>stream a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. The CI knows he/she is working as a snitch, but you do not. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 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. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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. 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. 5. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. You deserve the same chance at having an excellent legal defense. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. Believe it or not it is legal for law enforcement to pay a government snitch! The pros and cons of being a confidential informant. 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." However, the above measures are extra insurance for the police, they are not required. listings on the site are paid attorney advertisements. It all depends on the facts of your case. How Do You Beat a Drug Trafficking Charge in Florida? When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. A .gov website belongs to an official government organization in the United States. And the devices are constantly evolving and improving. 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. Do not allow any of these things to happen to you. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. His performance in court was outstanding and gave me a big victory. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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). Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. All rights reserved.|Disclaimer|Privacy policy. Choosing the right attorney can be the most important step youll ever take. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. . Being a CI is a very dangerous, risky endeavor. This is the first time that Bencomo has talked publicly. Matthew and his team made calls and were very persistent. So how can a court find a CI's testimony to be credible? NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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.
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