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Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. In this hour of need and when this medical pro Mat was such a relief to our family! However, the above measures are extra insurance for the police, they are not required. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. These guys are El Paso's version of the Keystone Kops," Loya says. So where are we going to find any help if we can't trust the U.S.? The CI may be working several buy busts before the CIs work is finished with the police. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. It hit me like cold water in the face; it just feels terrible. The attorney He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. You will not be able to notice the marks. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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 . For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. 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. Jeralyn Elise Merritt (Unclaimed Profile). 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. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. On the tape, Lalo looks more like a victim than a drug thug. 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. No, the identity of informants are not public record. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Stay up-to-date with how the law affects your life. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 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 recording devices used have become very sophisticated and are virtually undetectable. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Distinguished: An excellent rating for a lawyer with some experience. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 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. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. there are basically two types of police investigation, reactive and proactive. NPR went there with veteran Juarez crime reporter Carlos Huerta. Thus, a court needs some basis for a CI's allegations. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. A Bureau of Justice Assistance Monograph. Contact Susan Williams today for a free consultation. trailer He says that the agency's guidelines for using confidential informants are sound. Confidentiality is what makes the informant valuable. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. You may not see or notice the police. Throughout, he maintained consistent communication each step of the way until my case was resolved. I am not saying my child didnt have a breakdown. 0 You order drugs from the CI. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. The state will do its best to not reveal the identity of the CI. 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Even with the promise of payment, the decision to become a CI is very dangerous. It just made me sick. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 6. Share sensitive information only on official, secure websites. But she did. The monograph is organized around the confidential informant's employment . Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. He's clean-cut and clearly educated. Fortunately we have done it for you. 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. This field is for validation purposes and should be left unchanged. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. To the U.S. government, he was officially informant No. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. In the end the police are working for the government and you are left holding the bag. Those are . The use of informants by police is essentially unregulated by the courts. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Lalo wasn't looking to make a deal. 129 14 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. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. 913, though most called him by the nickname Lalo. Marvin Christensen @MarvinChristensen988. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Terms of Service apply. Secure .gov websites use HTTPS This is very wrong and a misconception. and Raul Loya Confidential informants people who pose. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. It is possible to beat drug trafficking charges. An exchange for leniency in the charges against the informant generally occurs in these situations. The reason for this is the police use the CI to gain probable cause for your arrest. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. "I was shocked. All these only go to reinforce stereotypes. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. Mathew is really eloquent and smart. 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. "I had to go to the restroom and throw up. Visit our attorney directory to find a lawyer near you who can help. hide caption. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Understanding motive and motivation. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. The majority of informants are those working off their own cases. You must have an associate's degree and a bachelor's degree in the relevant areas. Our consultant Dr John Buckley will be. Active listening for police - a skill for conflict avoidance. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. "He would say, 'We're going to have a barbecue.' Choosing the right attorney can be the most important step youll ever take. ZIP 0000032339 00000 n There may be other reasons why the identity of the CI will be revealed. 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. So how can a court find a CI's testimony to be credible? Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. 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. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Can a REDDI Report Be the Legal Basis for a Traffic Stop? For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. 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). All rights reserved. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. and Raul Loya For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Both federal and state law enforcement officers use confidential informants. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. This is a common issue people face when working as CIs. 1 ANSWER. How Much Jail Time for Felony Grand Theft? 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. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. A common myth that is absolutely not true is that confidential informants do not testify in trials. Bencomo says Lalo was different from other informants. code or county). **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Fabricating a confidential informant can lead to dire consequences. 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 feds paid Lalo well: nearly $250,000 over four years. The agency began deportation proceedings with the intention of sending him back to Mexico. Once I reached out to Matt he was back in touch within the hour. You cant enforce these agreements or conversations. That's all I'm doing right now.". Confidential Informants can never be 100% protected by the Government or anyone else. 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. His performance in court was outstanding and gave me a big victory. Then, at trial, the Government calls the . My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. 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. My reservations were quickly eased during my initial consultation. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . The content of the responses is entirely from reviewers. To the U.S. government, he was officially informant No. Criminal defense attorneys have a host of tools to do this. Saying they have a CI may be a cover for ill-gotten evidence and information. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. But as that investigation started, ICE's prized snitch came under suspicion. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. "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?" 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. about FindLaws newsletters, including our terms of use and privacy policy. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. abstract. However, this does not have to be the case. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. We contacted our attorney in the state where we live and he recommended Matt to us. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 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. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. 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. 913, though most called him by the nickname Lalo. Sign up. His handlers did well, too. A still from a video in which Lalo talks about his case. 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.