Lawyers from our extensive network are ready to answer your question. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. A common myth that is absolutely not true is that confidential informants do not testify in trials. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. The monograph is organized around the confidential informant's employment . Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 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. Identities should be stored in a system with the highest level of security and with Role Based Access Control. It just made me sick. Schedule a free consultation today. A lock ( 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. We found ourselves against all odds. In the end the police are working for the government and you are left holding the bag. 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. His handlers did well, too. Once I reached out to Matt he was back in touch within the hour. Mathew is really eloquent and smart. But that is the sobering truth of being a CI. 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. code or county). The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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). Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. of this site is subject to additional The feds paid Lalo well: nearly $250,000 over four years. 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. Our consultant Dr John Buckley will be. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Being a CI is a very dangerous, risky endeavor. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. He says that the agency's guidelines for using confidential informants are sound. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Please explain why you are flagging this content: * This will flag comments for moderators to take action. It often comes to light that things may not be as they seem and this can greatly help your defense. For a free legal consultation, call 215.515.3360. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. Can a REDDI Report Be the Legal Basis for a Traffic Stop? hide caption. Therefore, they wont be able to provide any information. 0000000576 00000 n
Confidential informants arent the same as anonymous sources or tipsters. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Copyright 2023 MH Sub I, LLC dba Internet Brands. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. %%EOF
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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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. 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 team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. The guidelines can be used to develop or revise written directives for using and managing informants. A few other articles found on the internet will give an expanded version of that list. The true identity of a confidential informant should be strictly limited to an identified number of people. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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? A person shall not knowingly: 1. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. Do not wait to start working on your defense. Why did the chicken cross the road ? Courtesy Texas DMV, U.S. D.O.J. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. However, an informant whos been burnt obviously wont be trusted in their typical circles. I would recommend Justin without reservation to anyone seeking representation. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Jeralyn Elise Merritt (Unclaimed Profile). Exculpatory evidence is evidence that could clear the defendant of guilt. Confidential Informants can never be 100% protected by the Government or anyone else. Call 954-845-0505 today. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. I took the recording and I told my supervisor that I didn't wish to be part of the case. No, the identity of informants are not public record. Penalties for Drug Possession Charges as a Minor. 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. An exchange for leniency in the charges against the informant generally occurs in these situations. 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. The purpose of the ruling is to establish an informant . 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Drug smuggling turned out to be the least of Lalo's exploits. 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
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, Possess or use a dangerous drug. 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. 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. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. This may result in longer prison sentences and larger fines associated with a conviction. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Our son was distraught and frightened and Matt was very reassuring and supportive. Highlight information that would indicate their dishonesty or bias. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. hide caption. Then, at trial, the Government calls the . Even with the promise of payment, the decision to become a CI is very dangerous. You impeach them on the stand, which discredits the evidence, information, and testimony they give. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. 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. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. An official website of the United States government, Department of Justice. Once the government uses you as a CI, they can be done with you. 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. What Is the Difference between Kidnapping and False Imprisonment. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Confidentiality is what makes the informant valuable. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. It has been dubbed the House of Death. And he didn't need the money he was already making plenty in Juarez's drug trade. There are several ways to become an FBI informant. 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. AV Preeminent: The highest peer rating standard. 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. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. 0000017403 00000 n
For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Are Confidential Informants Credible? by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. There must be some legal guarantee that a CI's info is good. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. My reservations were quickly eased during my initial consultation. 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. Human motives and motivation is a complex subject with many competing theories. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. Martindale-Hubbell validates that a reviewer is a person with a valid email address. ICE says it learned some lessons dealing with Lalo. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. If CIs were public record, it would put their lives in danger and the lives of their loved ones.