Theres another reason police may want to keep the identity of their informant a secret: they dont have one. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. xref But in Lalo's case, he says, rogue agents didn't properly follow them. 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. 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? 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. Jeralyn Elise Merritt (Unclaimed Profile). in the former, a crime is reported to the police and an investigation is initiated; in the latter . will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Confidential informants arent the same as anonymous sources or tipsters. Police and prosecutors generally want to keep the identity of their CI a secret. 0 In the end the police are working for the government and you are left holding the bag. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. All rights reserved. All these only go to reinforce stereotypes. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. This website is for general informational purposes only. 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. Sign up. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Thank you Mathew!! "And you have to act like a criminal.". This may result in longer prison sentences and larger fines associated with a conviction. I had to go to the restroom and throw up. Confidentiality is what makes the informant valuable. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. If you agree to work with the FBI, you will be . how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. I couldn't believe it," says the DEA's Sandalio Gonzalez. How Can Mitigation Help Get Me The Lowest Possible Sentence? The CI is assigned a CI number and agrees to provide information about your case to the police. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Once the government uses you as a CI, they can be done with you. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Yes, a felon can be an informant. 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. Supplemental Terms. 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, 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. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. There are legal defenses available to you. Visit our attorney directory to find a lawyer near you who can help. There must be some legal guarantee that a CI's info is good. Matt was available throughout the process for consultations with both my son and his parents. Confidentiality is what makes the informant valuable. "What is wrong with this picture?". "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. A person shall not knowingly: 1. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Those are . advice, does not constitute a lawyer referral service, and no attorney-client or Secondly, know all the versions of the s. "So where are we going to find any help if we can't trust the U.S.?". The amount of a drug for which trafficking charges are applicable varies depending on the substance. The guidelines can be used to develop or revise written directives for using and managing informants. of this site is subject to additional This is very wrong and a misconception. With every new body, the smell would hit us it was horrible. [It is only available to law enforcement.]. "We stayed there all night and watched as they pulled out bodies," Magana says. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Lalo's information was on the mark. This video explains the risks and benefits of working as a police confidential informant. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. 0000001094 00000 n Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. there are basically two types of police investigation, reactive and proactive. Mathew is really eloquent and smart. "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. Therefore, they wont be able to provide any information. It is not like the old school movies where you can see a wire taped under someones shirt. However, an informant whos been burnt obviously wont be trusted in their typical circles. "In my mind, he was given a license to kill.". However, this does not have to be the case. His performance in court was outstanding and gave me a big victory. 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. "It was so horrible. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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 . The agency began deportation proceedings with the intention of sending him back to Mexico. A few other articles found on the internet will give an expanded version of that list. 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. "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.' 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. We will review the facts surrounding your unique case and provide you with honest answers. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. This field is for validation purposes and should be left unchanged. You order drugs from the CI. Terms of Service apply. "I had to go to the restroom and throw up. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Yes, in some circumstances the police will pay a person to be a CI. The police can use information gained from the CI about you that the Government can use when prosecuting your case. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. How Much Jail Time for Felony Grand Theft? Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Law enforcement may keep threatening jail or charges unless you work one more deal for 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. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The information provided on this site is not legal **This website is meant to provide meaningful information, but does not create an attorney-client relationship. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. On the tape, Lalo looks more like a victim than a drug thug. 0000032339 00000 n The CI may be required to testify in a trial of the person they are snitching on. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Lalo said his actions were necessary to maintain his cover. and Raul Loya Confidential informants people who pose. You must have an associate's degree and a bachelor's degree in the relevant areas. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. 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. Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. In any case, the outcome will most likely benefit you as the defendant. for the objects of police raids if things go awry. This is something that can be used to impeach him when he testifies. Eventually, a dozen bodies were unearthed at the site. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Human motives and motivation is a complex subject with many competing theories. Some people have heard of the witness protection program in movies or TV shows. 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. The CI may do controlled buys. This means that the CI will have an agreement with the police. An official website of the United States government, Department of Justice. Copyright 2023 MH Sub I, LLC dba Internet Brands. 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. Thus, a court needs some basis for a CI's allegations. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. 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. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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 CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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. Criminal Defense Attorney in Philadelphia. Uses their relationship with the FBI to have local, state, and Federal charges dismissed.
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