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You can receive an entirely free case evaluation with absolutely no obligation. You cant enforce these agreements or conversations. Share sensitive information only on official, secure websites. 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. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. These guys are El Paso's version of the Keystone Kops," Loya says. Confidential Informants can never be 100% protected by the Government or anyone else. 0000000576 00000 n Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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. He says Lalo was the keeper of the keys. 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. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Once the government uses you as a CI, they can be done with you. How Can Mitigation Help Get Me The Lowest Possible Sentence? Do not wait to start working on your defense. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. You may not see or notice the police. 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? Absolutely. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. It's also the least painful and expensive. What are the different Martindale-Hubbell Peer Review Ratings?*. 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. The problem is that there is no one to police the police. My reservations were quickly eased during my initial consultation. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Bencomo says the agents were told that Santillan was the No. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Secondly, know all the versions of the s. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Both federal and state law enforcement officers use confidential informants. But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. "He would say, 'We're going to have a barbecue.' startxref hide caption. It is not like the old school movies where you can see a wire taped under someones shirt. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Law enforcement will often corroborate a CI's information with consistent observations by officers. It hit me like cold water in the face; it just feels terrible. This is very wrong and a misconception. I had to go to the restroom and throw up. Distinguished: An excellent rating for a lawyer with some experience. 0000001094 00000 n The attorney This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Learn more 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 CI may be charged with a serious drug (or other) criminal offense. A responsive, knowledgeable and skilled attorney. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. The best way to beat the system and stay out of prison is don't break the law. 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. Login. It has been dubbed the House of Death. But that is the sobering truth of being a CI. "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. We found ourselves against all odds. The CI will contact you or maybe you contact the CI. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 129 0 obj <> endobj On the tape, Lalo looks more like a victim than a drug thug. But Bencomo stayed on, and so did Lalo. xref If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. The state will do its best to not reveal the identity of the CI. For now, he said, jail is better than the fate he faces in Mexico. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 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. Gonzalez lodged a complaint against ICE. "What is wrong with this picture?". Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. You will not be able to notice the marks. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. There are several ways to become an FBI informant. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. "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.". 0000001889 00000 n FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 6. Timeline: An ICE Informant Run Amok Or Mishandled? You impeach them on the stand, which discredits the evidence, information, and testimony they give. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Anyone considering being a CI should first talk to a criminal defense attorney. Matthew and his team made calls and were very persistent. Here in Mexico, there is no justice, only impunity. The CI may be working several buy busts before the CIs work is finished with the police. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Confidential Informant Testifies as Government Witness. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. 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. To the U.S. government, he was officially informant No. Drug smuggling turned out to be the least of Lalo's exploits. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. His handlers did well, too. Read More >>. 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. You deserve the same chance at having an excellent legal defense. "And you have to act like a criminal.". Ashok Dhamija 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. The recording devices used have become very sophisticated and are virtually undetectable. Guadalupe Juarez/AFP/Getty Images What evidence is needed to make a drug bust? The government does not have the resources or time to do this. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . Copyright 2023 Weinstein Legal. However, you need a tireless defense team fighting on your behalf. What Is the Difference between Kidnapping and False Imprisonment. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 0000000966 00000 n 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. His performance in court was outstanding and gave me a big victory. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 2. So how can a court find a CI's testimony to be credible? Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Thus, a court needs some basis for a CI's allegations. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. . He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. How Do You Beat a Drug Trafficking Charge in Florida? will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. "I was shocked. The feds paid Lalo well: nearly $250,000 over four years. Bencomo says Lalo was different from other informants. 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. 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. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Copyright 2023 MH Sub I, LLC dba Internet Brands. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. Active listening for police - a skill for conflict avoidance. 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. In my mind, he was given a license to kill. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 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. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "It hit me like cold water in the face; it just feels terrible. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Copyright 2022, Thomson Reuters. Here in Mexico, there is no justice, only impunity," Magana says. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. A person shall not knowingly: 1. See are article relating to Missouri's witness protection program and the lack of uptake. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal 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. Matt was available throughout the process for consultations with both my son and his parents. I couldn't believe it," says the DEA's Sandalio Gonzalez. "So where are we going to find any help if we can't trust the U.S.?". The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. The CI may be wearing a wire or recording device. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. You must have an associate's degree and a bachelor's degree in the relevant areas. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. hide caption. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Identities should be stored in a system with the highest level of security and with Role Based Access Control. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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. But he had his reasons for informing on the drug gang. 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". "I really was doing something good," he said. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Informants. ZIP 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. All rights reserved. Sign up. 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. 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. This site is protected by That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Call 954-845-0505 today. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). But this is nearly non-existent in state cases and rare, at best, in federal cases. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Confidential informants arent the same as anonymous sources or tipsters. 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. 0000032775 00000 n "We stayed there all night and watched as they pulled out bodies," Magana says. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. But in Lalo's case, he says, rogue agents didn't properly follow them. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. There should be an audit trail detail who has seen the true identity and when they saw it. Visit https://www.gustitislaw.com for more information about inform. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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, Fortunately we have done it for you. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. hide caption. This is the first time that Bencomo has talked publicly. 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. The true identity of a confidential informant should be strictly limited to an identified number of people. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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). Courtesy Raul Loya 0000001712 00000 n Contact us. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. Guadalupe Juarez/AFP/Getty Images Terms of Service apply. Skip to content. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. This website is for general informational purposes only. "Are you kidding me? The majority of informants are those working off their own cases. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. 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. 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. Throughout, he maintained consistent communication each step of the way until my case was resolved. There are legal defenses available to you. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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? Meeting with a lawyer can help you understand your options and how to best protect your rights. Police and prosecutors generally want to keep the identity of their CI a secret. Highlight information that would indicate their dishonesty or bias. Lawyers from our extensive network are ready to answer your question. "It just made me sick," he says. 0000000884 00000 n Our son was distraught and frightened and Matt was very reassuring and supportive. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Contact Susan Williams today for a free consultation. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. "I don't know if they are going to keep me here for the rest of my life," he said. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. That's all I'm doing right now.". 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.

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