Mathew did an amazing job in court. 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 . You may feel trapped by serving as a Government informant. confidential relationship is or should be formed by use of the site. How Do You Beat a Drug Trafficking Charge in Florida? Confidential Informants - Law Office of Perry A. Craft PLLC Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. The Use of 'Confidential Informants' Can Lead to Unnecessary and The majority of informants are those working off their own cases. 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. 0000001712 00000 n 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. What are the different Martindale-Hubbell Peer Review Ratings?*. 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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. See are article relating to Missouri's witness protection program and the lack of uptake. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Secondly, know all the versions of the s. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Believe it or not it is legal for law enforcement to pay a government snitch! 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, There must be some legal guarantee that a CI's info is good. 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. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. It all depends on the facts of your case. Is a Confidential Informant Truthful? A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. Fabricating a confidential informant can lead to dire consequences. Beat a Confidential Information in Philadelphia | Cases with CI 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. 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. However, you need a tireless defense team fighting on your behalf. Courtesy Texas DMV, U.S. D.O.J. 142 0 obj<>stream But she did. 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. 0000017958 00000 n In this hour of need and when this medical pro Mat was such a relief to our family! He also helped crack a major international cigarette smuggling ring. Copyright 2023 MH Sub I, LLC dba Internet Brands. 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. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. 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. Possess a dangerous drug for sale. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. CONFIDENTIAL INFORMANTS - Official FBIretired Website Possess or use a dangerous drug. 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. The crux revolves around the confidential part of the confidential informant. This is the first time that Bencomo has talked publicly. For a free legal consultation, call 215.515.3360. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. of this site is subject to additional and Raul Loya. You may not see or notice the police. 0000017403 00000 n This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. You order drugs from the CI. There are two opportunities to find out the identity of a confidential informant: before and during trial. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. All these only go to reinforce stereotypes. 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. We contacted our attorney in the state where we live and he recommended Matt to us. Confidential informants arent the same as anonymous sources or tipsters. [It is only available to law enforcement.]. Confidential Informant Testifies as Government Witness. How experts say to reform the confidential informant - KSAT 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. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. How Much Jail Time for Felony Grand Theft? 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). In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Our son was distraught and frightened and Matt was very reassuring and supportive. 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. 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. 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. It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. The content of the responses is entirely from reviewers. "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.' reCAPTCHA and the Google Privacy Policy and 913, though most called him by the nickname Lalo. Here in Mexico, there is no justice, only impunity. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. To the U.S. government, he was officially informant No. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. Yes, a felon can be an informant. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. The more specific and detailed, the more likely a court is to accept a CI's information. The CI may be required to testify in a trial of the person they are snitching on. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. 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 CI may be charged with a serious drug (or other) criminal offense. Human motives and motivation is a complex subject with many competing theories. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. The use of informants by police is essentially unregulated by the courts. Copyright 2022, Thomson Reuters. His handlers did well, too. Eventually, a dozen bodies were unearthed at the site. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. 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. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. It is ugly. <<59BC4FB09E3701468D15B956FB86861C>]>> The amount of a drug for which trafficking charges are applicable varies depending on the substance. If youre worried about how to beat a confidential informant, let the, represent you. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Lalo has been in solitary confinement for more than five years. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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? This important decision can affect you the rest of your life and possibly even your loved ones or friends. In all, there were 12 victims. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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. Penalties for Drug Possession Charges as a Minor. Confidentiality is what makes the informant valuable. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Stay up-to-date with how the law affects your life. 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. PDF Confidential Informants: Protecting Their Identity How to beat a confidential informant - Quora Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 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. for the objects of police raids if things go awry. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Should You Work as a Police Confidential Informant? Defense - YouTube Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. code or county). Thus, a court needs some basis for a CI's allegations. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. But Bencomo stayed on, and so did Lalo. No, the identity of informants are not public record. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. Martindale-Hubbell validates that a reviewer is a person with a valid email address. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. "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. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. 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. . Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 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. Matthew and his team made calls and were very persistent. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. This is very wrong and a misconception. 913, though most called him by the nickname Lalo. And Lalo was with them. %%EOF Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. It is important for law enforcement to protect the credibility of the informant as much as possible. 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. Bencomo says the agents were told that Santillan was the No. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. 0000001889 00000 n To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. The guidelines can be used to develop or revise written directives for using and managing informants. about FindLaws newsletters, including our terms of use and privacy policy. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. Thank you Mathew!! As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Motives and Motivations of Confidential Informants Then, at trial, the Government calls the . Contributing to the Delinquency of a Minor. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Confidentiality is what makes the informant valuable. "What is wrong with this picture?". 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". Marvin Christensen @MarvinChristensen988. 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. All rights reserved.|Disclaimer|Privacy policy. 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. Courtesy Texas DMV, U.S. D.O.J. If you agree to work with the FBI, you will be . Distinguished: An excellent rating for a lawyer with some experience. There may be cameras in the location that the deal takes place. For a quick fix solution Wikipedia provides a list of potential motivations. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. 0000032775 00000 n People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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, 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." ICE says it learned some lessons dealing with Lalo. The CI may be wearing a wire or recording device. 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 CI is assigned a CI number and agrees to provide information about your case to the police. Lalo's information was on the mark. 0000000884 00000 n 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. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. I would recommend Justin without reservation to anyone seeking representation. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 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. The government does not have the resources or time to do this. He says that the agency's guidelines for using confidential informants are sound. The guidelines can be used to develop or revise written directives for using and managing informants. 0000000966 00000 n That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. Police and prosecutors generally want to keep the identity of their CI a secret. You must have an associate's degree and a bachelor's degree in the relevant areas. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. An official website of the United States government, Department of Justice. 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. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). What Is the Difference between Kidnapping and False Imprisonment. Criminal Defense Attorney in Philadelphia. 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