Bencomo says the agents were told that Santillan was the No. The CI will contact you or maybe you contact the CI. An attorney may help you weigh your options. 0000000966 00000 n Drug Use and The Use of a Confidential Informant | Ketcham Law But during our interview, ICE said that handbook still isn't finished. A simple he-said-she-said backed up with no observations won't be worth much in court. "In my mind, he was given a license to kill.". A few other articles found on the internet will give an expanded version of that list. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. You cant enforce these agreements or conversations. 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." Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. 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). "I believe in some kind of justice, and I think I was doing something good," he said. . 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. hide caption. The state will do its best to not reveal the identity of the CI. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. These guys are El Paso's version of the Keystone Kops," Loya says. Identities should be stored in a system with the highest level of security and with Role Based Access Control. A Bureau of Justice Assistance Monograph. Once the government uses you as a CI, they can be done with you. "Are you kidding me? Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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 he had his reasons for informing on the drug gang. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Understanding motive and motivation. 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. It's also the least painful and expensive. But as that investigation started, ICE's prized snitch came under suspicion. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. Login. Schedule a free consultation today. 0000001094 00000 n Courtesy Texas DMV, U.S. D.O.J. 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. Secure .gov websites use HTTPS So how can a court find a CI's testimony to be credible? There are two opportunities to find out the identity of a confidential informant: before and during trial. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Meeting with a lawyer can help you understand your options and how to best protect your rights. Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. This story was produced for broadcast by Marisa Penaloza. Courtesy Texas DMV, U.S. D.O.J. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Distinguished: An excellent rating for a lawyer with some experience. My reservations were quickly eased during my initial consultation. The Use of 'Confidential Informants' Can Lead to Unnecessary and How Much Jail Time for Felony Grand Theft? %PDF-1.3 % Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. A. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 1 ANSWER. Fabricating a confidential informant can lead to dire consequences. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. However, this does not have to be the case. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. The CI will likely be paying with marked money. LockA locked padlock 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. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. hide caption. "I don't know if they are going to keep me here for the rest of my life," he said. 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. 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 monograph is organized around the confidential informant's employment . Copyright 2022, Thomson Reuters. Drug smuggling turned out to be the least of Lalo's exploits. Is a Confidential Informant Truthful? 3. To the U.S. government, he was officially informant No. 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. about FindLaws newsletters, including our terms of use and privacy policy. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. 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. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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. 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. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Secondly, know all the versions of the s. His handlers did well, too. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. "It hit me like cold water in the face; it just feels terrible. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 28 How To Beat A Confidential Informant 02/2023 - KTHN 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 . How to discredit a confidential informant during a criminal trial - Quora 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. It has been dubbed the House of Death. And Lalo was with them. I took the recording and I told my supervisor that I didn't wish to be part of the case.". For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. The true identity of a confidential informant should be strictly limited to an identified number of people. 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. The CI may be working several buy busts before the CIs work is finished with the police. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal.