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Head of the criminal defense division and fellow partner Matt Shafran is an experienced criminal defense attorney in Florida who is ready and willing to fight aggressively in a court of law to defend your rights. It often comes to light that things may not be as they seem and this can greatly help your defense. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. While we continue to believe that the motives of a confidential informant can be summarized in one or two words, for example, fear, money or a reduced sentence, our interactions with them will always remain superficial and be fraught with risk. For now, he said, jail is better than the fate he faces in Mexico. 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. 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 . Contributing to the Delinquency of a Minor. The majority of informants are those working off their own cases. For a quick fix solution Wikipedia provides a list of potential motivations. You can receive an entirely free case evaluation with absolutely no obligation. Criminal Defense Attorney in Philadelphia. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Visit our attorney directory to find a lawyer near you who can help. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices The majority of informants are those working off . Being a CI is a very dangerous, risky endeavor. Jeralyn Elise Merritt (Unclaimed Profile). To the U.S. government, he was officially informant No. The CI may be wearing a wire or recording device. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 0000000576 00000 n It can also be risky for the prosecution if they must give the CIs identity to the defense later. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Even with the promise of payment, the decision to become a CI is very dangerous. 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. We contacted our attorney in the state where we live and he recommended Matt to us. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. And Lalo was with them. That's all I'm doing right now.". 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, 28 How To Beat A Confidential Informant 02/2023 - KTHN All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. We came back night after night to see how many they dug up.". In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. 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. 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. However, this does not have to be the case. Courtesy Texas DMV, U.S. D.O.J. Skip to content. 0000001889 00000 n 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. 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. 0000001540 00000 n **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. Former agent Bencomo remembers listening to the tape. All rights reserved.|Disclaimer|Privacy policy. 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. Informants. The use of informants by police is essentially unregulated by the courts. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. confidential relationship is or should be formed by use of the site. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. 913, though most called him by the nickname Lalo. Read More >>. "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.' hide caption. Ashok Dhamija Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. 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. Thank you Mathew!! Drug trafficking charges are a felony offense, which can land you in prison for quite some time. and Raul Loya He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. But this is nearly non-existent in state cases and rare, at best, in federal cases. (The capacity for telling lies is called "mendacity," in case you were wondering.) ICE says the fault lies with former agent Bencomo, Lalo's handler. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. A responsive, knowledgeable and skilled attorney. 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. AV Preeminent: The highest peer rating standard. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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. The CI is assigned a CI number and agrees to provide information about your case to the police. 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. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Our son was distraught and frightened and Matt was very reassuring and supportive. It is possible to beat drug trafficking charges. Bencomo says Lalo was different from other informants. Once the case was done, ICE was also done with Lalo. Should You Work as a Police Confidential Informant? Defense - YouTube 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. PDF Confidential Informants: Protecting Their Identity The CI may do controlled buys. This means that the CI will have an agreement with the police. But as that investigation started, ICE's prized snitch came under suspicion. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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 Use of 'Confidential Informants' Can Lead to Unnecessary and However, this does not have to be the case. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. Gonzalez lodged a complaint against ICE. An attorney may help you weigh your options. Drug Use and The Use of a Confidential Informant | Ketcham Law 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. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. An official website of the United States government, Department of Justice. 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". This is very wrong and a misconception. 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. The reason for this is the police use the CI to gain probable cause for your arrest. A .gov website belongs to an official government organization in the United States. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Anyone considering being a CI should first talk to a criminal defense attorney. Call 954-845-0505 any time, day or night, to speak with a member of our team. With every new body, the smell would hit us it was horrible. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Bencomo was the only one fired as a result of the Lalo fiasco. abstract. Schedule a free consultation today. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. How to discredit a confidential informant during a criminal trial - Quora He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. Do not wait to start working on your defense. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Lalo wasn't looking to make a deal. Demonstrate any past instances of false or invalidated evidence or information they have provided. Meeting with a lawyer can help you understand your options and how to best protect your rights.