Courtesy Texas DMV, U.S. D.O.J. Sign up. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Meeting with a lawyer can help you understand your options and how to best protect your rights. Even with the promise of payment, the decision to become a CI is very dangerous. 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. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. 0000017403 00000 n Being a CI is a very dangerous, risky endeavor. The Client Review Rating score is determined through the aggregation of validated responses. My reservations were quickly eased during my initial consultation. confidential relationship is or should be formed by use of the site. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. A common myth that is absolutely not true is that confidential informants do not testify in trials. 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. Visit our attorney directory to find a lawyer near you who can help. "And you have to act like a criminal.". 0000032775 00000 n 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. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. [It is only available to law enforcement.]. Confidentiality is what makes the informant valuable. Some informants have personalities that make them difficult to manage. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". "We stayed there all night and watched as they pulled out bodies," Magana says. Why did the chicken cross the road ? Criminal defense attorneys have a host of tools to do this. Official websites use .gov Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. "I had to go to the restroom and throw up. Is a Confidential Informant Truthful? There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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 should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. The agency began deportation proceedings with the intention of sending him back to Mexico. But as that investigation started, ICE's prized snitch came under suspicion. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Are Confidential Informants Credible? Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Confidential informants arent the same as anonymous sources or tipsters. In this hour of need and when this medical pro Mat was such a relief to our family! I took the recording and I told my supervisor that I didn't wish to be part of the case. The required areas are criminal justice, law enforcement, police science, etc. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. 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. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 6. This decision can affect you and others for the rest of your life. Timeline: An ICE Informant Run Amok Or Mishandled? . will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. "There were these code words that the bosses would say to Lalo," Huerta says. 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? "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. ICE says the fault lies with former agent Bencomo, Lalo's handler. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. But in Lalo's case, he says, rogue agents didn't properly follow them. 0000000966 00000 n Learn more hide caption. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. 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. 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. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. The CI may be charged with a serious drug (or other) criminal offense. This is very wrong and a misconception. The Drug Enforcement Administration blacklisted him. 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 a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. There is no obligation from the Government to protect you the rest of your life because you served as a CI. And the devices are constantly evolving and improving. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Throughout, he maintained consistent communication each step of the way until my case was resolved. hide caption. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". How Can Mitigation Help Get Me The Lowest Possible Sentence? It is not like the old school movies where you can see a wire taped under someones shirt. This important decision can affect you the rest of your life and possibly even your loved ones or friends. "He would say, 'We're going to have a barbecue.' Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". 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 . An exchange for leniency in the charges against the informant generally occurs in these situations. So where are we going to find any help if we can't trust the U.S.? The CI will likely be paying with marked money. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. If youre worried about how to beat a confidential informant, let the, represent you. The feds paid Lalo well: nearly $250,000 over four years. The CI must provide 100% honest information. 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 0000032339 00000 n "Are you kidding me? reCAPTCHA and the Google Privacy Policy and "It was so horrible. AV Preeminent: The highest peer rating standard. Exculpatory evidence is evidence that could clear the defendant of guilt. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Contact Susan Williams today for a free consultation. "It hit me like cold water in the face; it just feels terrible. But during our interview, ICE said that handbook still isn't finished. In my mind, he was given a license to kill. 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. Confidentiality is what makes the informant valuable. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. 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. The state will do its best to not reveal the identity of the CI. There may be other reasons why the identity of the CI will be revealed. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. It is ugly. But he had his reasons for informing on the drug gang. Fabricating a confidential informant can lead to dire consequences. Skip to content. He is the best !! He explained to my husband and I what my son was facing. 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. and Raul Loya Confidential informants people who pose. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 0000000884 00000 n The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Share sensitive information only on official, secure websites. But that is the sobering truth of being a CI. All rights reserved. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Can a felon be 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. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Bencomo says the agents were told that Santillan was the No. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 913, though most called him by the nickname Lalo. The most common way to become an FBI informant is to be approached by the FBI. 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. 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. Courtesy Texas DMV, U.S. D.O.J. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. A few other articles found on the internet will give an expanded version of that list. "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.' Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. "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. Secondly, know all the versions of the s. 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. You must have an associate's degree and a bachelor's degree in the relevant areas. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. There are several ways to become an FBI informant. Ashok Dhamija The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. This video explains the risks and benefits of working as a police confidential informant. 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. Those are . Active listening for police - a skill for conflict avoidance. 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. You will not be able to notice the marks. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Copyright 2023 MH Sub I, LLC dba Internet Brands. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Eventually, a dozen bodies were unearthed at the site. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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, We found ourselves against all odds. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. 0000001540 00000 n Possess a dangerous drug for sale. We came back night after night to see how many they dug up.". He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. 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. 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. Police and prosecutors generally want to keep the identity of their CI a secret. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. Demonstrate any past instances of false or invalidated evidence or information they have provided. Stay up-to-date with how the law affects your life. 5. No one. Put crudely . Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Understanding motive and motivation. I couldn't believe it," says the DEA's Sandalio Gonzalez. A person shall not knowingly: 1. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. ) or https:// means youve safely connected to the .gov website. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 142 0 obj<>stream Mathew did an amazing job in court. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. 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. The guidelines can be used to develop or revise written directives for using and managing informants. Our son was distraught and frightened and Matt was very reassuring and supportive. The true identity of a confidential informant should be strictly limited to an identified number of people. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. The pros and cons of being a confidential informant. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. there are basically two types of police investigation, reactive and proactive. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 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. Matt was available throughout the process for consultations with both my son and his parents. 0000001889 00000 n 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Copyright 2022, Thomson Reuters. The government could decide to charge someone who does that with obstruction of justice, among other things. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. How Much Jail Time for Felony Grand Theft? Answer (1 of 5): The first thing you need to do is know your enemy. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Contact us. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. In the end the police are working for the government and you are left holding the bag. The CI may be wearing a wire or recording device. I would recommend Justin without reservation to anyone seeking representation. 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. It often comes to light that things may not be as they seem and this can greatly help your defense.
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