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Penalties for Drug Possession Charges as a Minor. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. 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. 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. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Both federal and state law enforcement officers use confidential informants. 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. "There were these code words that the bosses would say to Lalo," Huerta says. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. Lalo's information was on the mark. For a quick fix solution Wikipedia provides a list of potential motivations. 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? It is ugly. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Secondly, know all the versions of the s. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. For a free legal consultation, call 215.515.3360. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. The attorney The purpose of the ruling is to establish an informant . You may not see or notice the police. of this site is subject to additional "It hit me like cold water in the face; it just feels terrible. It depends. 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). "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. 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 . On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. 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. There may be other reasons why the identity of the CI will be revealed. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. The monograph is organized around the confidential informant's employment . Thus, a court needs some basis for a CI's allegations. In any case, the outcome will most likely benefit you as the defendant. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. and Raul Loya Confidential informants people who pose. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Put crudely . A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. There are several ways to become an FBI informant. Once I reached out to Matt he was back in touch within the hour. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Do not wait to start working on your defense. There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. It often comes to light that things may not be as they seem and this can greatly help your defense. Understanding motive and motivation. 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." The CI will likely be paying with marked money. You may feel you are being watched. 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. Bencomo says Lalo was different from other informants. There are legal defenses available to you. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. My reservations were quickly eased during my initial consultation. 0000000884 00000 n Skip to content. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. In my mind, he was given a license to kill. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. The state will do its best to not reveal the identity of the CI. 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. 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. Copyright 2023 Weinstein Legal. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 913, though most called him by the nickname Lalo. 3 man in the Juarez cartel. Courtesy Texas DMV, U.S. D.O.J. Our consultant Dr John Buckley will be. Every day that passes is another day that the prosecutors office is working to secure your guilt. 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Copyright 2022, Thomson Reuters. These guys are El Paso's version of the Keystone Kops," Loya says. Former agent Bencomo remembers listening to the tape. Possibly, yes. All these only go to reinforce stereotypes. Once the government uses you as a CI, they can be done with you. he says. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. A simple he-said-she-said backed up with no observations won't be worth much in court. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. Once the case was done, ICE was also done with Lalo. Answer (1 of 5): The first thing you need to do is know your enemy. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. 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. You can receive an entirely free case evaluation with absolutely no obligation. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Yes, a felon can be an informant. %PDF-1.3 % Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Some informants have personalities that make them difficult to manage. Bencomo was the only one fired as a result of the Lalo fiasco. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. ICE says it learned some lessons dealing with Lalo. 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. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. An official website of the United States government, Department of Justice. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. 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. Supplemental Terms. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. He says Lalo was the keeper of the keys. 2. There is no obligation from the Government to protect you the rest of your life because you served as a CI. 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. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Sorting through those theories and condensing them into something that has practical utility needs a lot of research.

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