It all depends on the facts of your case. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 129 14 It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. 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. 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. The CI may be wearing a wire or recording device. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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. The problem is that there is no one to police the police. The CI will likely be paying with marked money. 0000001273 00000 n Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Can a REDDI Report Be the Legal Basis for a Traffic Stop? If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. "It just made me sick," he says. 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. Therefore, they wont be able to provide any information. If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. What Is the Difference between Kidnapping and False Imprisonment. 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. 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 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. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. Courtesy Texas DMV, U.S. D.O.J. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. The use of informants by police is essentially unregulated by the courts. This important decision can affect you the rest of your life and possibly even your loved ones or friends. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" xb```Il@r/ 0! The pros and cons of being a confidential informant. "I really was doing something good," he said. 6. . Being a convicted felon means that the criminal offense will always show up on a background check and you may find it difficult to find housing or employment in the future. He is the best !! Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. Stay up-to-date with how the law affects your life. Law enforcement may keep threatening jail or charges unless you work one more deal for them. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. It often comes to light that things may not be as they seem and this can greatly help your defense. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 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. Guadalupe Juarez/AFP/Getty Images Details for individual reviews received before 2009 are not displayed. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. hide caption. 3 man in the Juarez cartel. 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. Both federal and state law enforcement officers use confidential informants. 0 listings on the site are paid attorney advertisements. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. The best way to beat the system and stay out of prison is don't break the law. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Choosing the right attorney can be the most important step youll ever take. The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. <<59BC4FB09E3701468D15B956FB86861C>]>> On the other hand, police and prosecutors' concern for confidential informants is not misplaced. 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. All rights reserved.|Disclaimer|Privacy policy. But that is the sobering truth of being a CI. Possibly, yes. This decision can affect you and others for the rest of your life. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? We found ourselves against all odds. The memo stated that those rules would be part of a new policy handbook. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. 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. A responsive, knowledgeable and skilled attorney. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Even with the promise of payment, the decision to become a CI is very dangerous. 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. 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. 0000001540 00000 n 0000001889 00000 n Raul Bencomo, then an agent with U.S. Customs, assigned code No. Here in Mexico, there is no justice, only impunity. This is the first time that Bencomo has talked publicly. The CI may be required to testify in a trial of the person they are snitching on. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. 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. He's clean-cut and clearly educated. Criminal defense attorneys have a host of tools to do this. The amount of a drug for which trafficking charges are applicable varies depending on the substance. "In my mind, he was given a license to kill.". Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. A Bureau of Justice Assistance Monograph. But in either language, his story is the same. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". This website is for general informational purposes only. [It is only available to law enforcement.]. Confidentiality is what makes the informant valuable. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth.