how to beat a confidential informant

Understanding an informants motives for providing information is fundamental to managing them effectively. Can a felon be a confidential informant? What evidence is needed to If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. The problem is that there is no one to police the police. Among the victims were two U.S. residents. 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. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 28 How To Beat A Confidential Informant 02/2023 - KTHN trailer Answer (1 of 5): The first thing you need to do is know your enemy. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. 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. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. of this site is subject to additional As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. Those are . During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. 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. 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. What evidence is needed to make a drug bust? Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Learn more ) or https:// means youve safely connected to the .gov website. It just made me sick. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. How the FBI Conceals Its Payments to Confidential Sources The CI is assigned a CI number and agrees to provide information about your case to the police. Yes, in some circumstances the police will pay a person to be a CI. 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 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. Once the case was done, ICE was also done with Lalo. Saying they have a CI may be a cover for ill-gotten evidence and information. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. How credible is the confidential informant? Skip to content. 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. 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 relationship is or should be formed by use of the site. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. It is possible to beat drug trafficking charges. And Lalo was with them. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. Are Confidential Informants Credible? 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. Informants. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. about FindLaws newsletters, including our terms of use and privacy policy. 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. 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. 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). Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. "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. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 0000017958 00000 n A. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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 . "We stayed there all night and watched as they pulled out bodies," Magana says. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. A Bureau of Justice Assistance Monograph. Believe it or not it is legal for law enforcement to pay a government snitch! Lalo has been in solitary confinement for more than five years. We contacted our attorney in the state where we live and he recommended Matt to us. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Confidential Informants - Law Office of Perry A. Craft PLLC Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. How to Become an FBI Informant | Legal Beagle A .gov website belongs to an official government organization in the United States. Police and prosecutors generally want to keep the identity of their CI a secret. 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. PDF Confidential Informants: Protecting Their Identity in the former, a crime is reported to the police and an investigation is initiated; in the latter . 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 idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. You cant enforce these agreements or conversations. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. As with most things in the legal world, knowing how to beat a CI depends on your case. xref Police and prosecutors generally want to keep the identity of their CI a secret. "I really was doing something good," he said. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Gonzalez lodged a complaint against ICE. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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. Former agent Bencomo remembers listening to the tape. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw %PDF-1.3 % Timeline: An ICE Informant Run Amok Or Mishandled? Thus, a court needs some basis for a CI's allegations. If CIs were public record, it would put their lives in danger and the lives of their loved ones. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. See are article relating to Missouri's witness protection program and the lack of uptake. It is ugly. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. A responsive, knowledgeable and skilled attorney. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). "I believe in some kind of justice, and I think I was doing something good," he said. 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. But as that investigation started, ICE's prized snitch came under suspicion. 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. The crux revolves around the confidential part of the confidential informant. That's all I'm doing right now.". A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 2. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Confidential Informant Testifies as Government Witness. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. But this is nearly non-existent in state cases and rare, at best, in federal cases. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Contact Susan Williams today for a free consultation. 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. Informants nationwide end up beaten, tortured and dead once they're found out. Confidentiality is what makes the informant valuable. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. The use of informants by police is essentially unregulated by the courts. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. And the CI must answer the question truthfully or else possibly face sanctions in court. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. The more specific and detailed, the more likely a court is to accept a CI's information. On the tape, Lalo looks more like a victim than a drug thug. It is important for law enforcement to protect the credibility of the informant as much as possible. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. Your access of/to and use CONFIDENTIAL INFORMANT | Office of Justice Programs My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Contributing to the Delinquency of a Minor. 6. This is the first time that Bencomo has talked publicly. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Martindale-Hubbell validates that a reviewer is a person with a valid email address. To the U.S. government, he was officially informant No. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. He also tried to get Congress to investigate, but that went nowhere. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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, An exchange for leniency in the charges against the informant generally occurs in these situations. Raul Bencomo, then an agent with U.S. Customs, assigned code No. A simple he-said-she-said backed up with no observations won't be worth much in court. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Criminal defense attorneys have a host of tools to do this. Thank you Mathew!! 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 amount of a drug for which trafficking charges are applicable varies depending on the substance. 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. Copyright 2022, Thomson Reuters. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. . 0000001094 00000 n Can a felon be a confidential informant? It hit me like cold water in the face; it just feels terrible. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case.