It is not like the old school movies where you can see a wire taped under someones shirt. 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. code or county). 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? 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. 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". In this hour of need and when this medical pro Mat was such a relief to our family! Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Supplemental Terms. 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. 0000032339 00000 n Lalo said his actions were necessary to maintain his cover. 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. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Gonzalez lodged a complaint against ICE. The CI will contact you or maybe you contact the CI. Ashok Dhamija In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. What evidence is needed to make a drug bust? Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. The problem is that there is no one to police the police. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. For now, he said, jail is better than the fate he faces in Mexico. In any case, the outcome will most likely benefit you as the defendant. 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. abstract. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. This may result in longer prison sentences and larger fines associated with a conviction. Secondly, know all the versions of the s. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. . Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . Raul Bencomo, then an agent with U.S. Customs, assigned code No. The majority of informants are those working off . Lalo wasn't looking to make a deal. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. The government does not have the resources or time to do this. Courtesy Texas DMV, U.S. D.O.J. The CI may be required to testify in a trial of the person they are snitching on. 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. AV Preeminent: The highest peer rating standard. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. The monograph is organized around the confidential informant's employment . I couldn't believe it," says the DEA's Sandalio Gonzalez. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. 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. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. This video explains the risks and benefits of working as a police confidential informant. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 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. The CI is searched before and after the deal by the police. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Mathew did an amazing job in court. ICE says it learned some lessons dealing with Lalo. Choosing the right attorney can be the most important step youll ever take. We found ourselves against all odds. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. hide caption. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. An attorney may help you weigh your options. Yes, a felon can be an informant. Matthew and his team made calls and were very persistent. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. 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. A .gov website belongs to an official government organization in the United States. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Visit https://www.gustitislaw.com for more information about inform. 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. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. An exchange for leniency in the charges against the informant generally occurs in these situations. To the U.S. government, he was officially informant No. 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. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. The best way to beat the system and stay out of prison is don't break the law. 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. 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. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. But this is nearly non-existent in state cases and rare, at best, in federal cases. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? "We stayed there all night and watched as they pulled out bodies," Magana says. No one. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Informants. The guidelines can be used to develop or revise written directives for using and managing informants. If you need help defending yourself from these cases, our criminal defense firm can help. 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. There may be other reasons why the identity of the CI will be revealed. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. "He would say, 'We're going to have a barbecue.' (The capacity for telling lies is called "mendacity," in case you were wondering.) You cant enforce these agreements or conversations. Once I reached out to Matt he was back in touch within the hour. 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Lawyers from our extensive network are ready to answer your question. Those are . Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Once the case was done, ICE was also done with Lalo. 142 0 obj<>stream Our son was distraught and frightened and Matt was very reassuring and supportive. This decision can affect you and others for the rest of your life. There are two opportunities to find out the identity of a confidential informant: before and during trial. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. This story was produced for broadcast by Marisa Penaloza. Former agent Bencomo remembers listening to the tape. 2. Both federal and state law enforcement officers use confidential informants. We contacted our attorney in the state where we live and he recommended Matt to us. This is a common issue people face when working as CIs. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Learn more It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. "I had to go to the restroom and throw up. %PDF-1.3 % Share sensitive information only on official, secure websites. If you agree to work with the FBI, you will be . These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Possess or use a dangerous drug. Understanding an informants motives for providing information is fundamental to managing them effectively. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Confidentiality is what makes the informant valuable. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. The identity of the CI can be necessary to a Defendants defense in their criminal case. hide caption. And he didn't need the money he was already making plenty in Juarez's drug trade. 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. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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). What are the different Martindale-Hubbell Peer Review Ratings?*. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Then, at trial, the Government calls the . I am not saying my child didnt have a breakdown. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. However, you need a tireless defense team fighting on your behalf. "It just made me sick," he says. 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. 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. However, this does not have to be the case. This is something that can be used to impeach him when he testifies. Secure .gov websites use HTTPS You may feel you are being watched. The information may prove to relate to exculpatory evidence. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Distinguished: An excellent rating for a lawyer with some experience. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Can a REDDI Report Be the Legal Basis for a Traffic Stop? You may not see or notice the police. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. He explained to my husband and I what my son was facing. Terms of Service apply. for the objects of police raids if things go awry. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Thank you Mathew!! If CIs were public record, it would put their lives in danger and the lives of their loved ones. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. If youre worried about how to beat a confidential informant, let the, represent you. "I don't know if they are going to keep me here for the rest of my life," he said. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. I would recommend Justin without reservation to anyone seeking representation. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Every day that passes is another day that the prosecutors office is working to secure your guilt. he really cares and goes beyond 100% to help his clients. Confidential Informants can never be 100% protected by the Government or anyone else. He says that the agency's guidelines for using confidential informants are sound. 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." You deserve the same chance at having an excellent legal defense. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. An official website of the United States government, Department of Justice. Mathew is really eloquent and smart. The government could decide to charge someone who does that with obstruction of justice, among other things. Can a felon be a confidential informant? "So where are we going to find any help if we can't trust the U.S.?". 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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. xref All these only go to reinforce stereotypes. Courtesy Texas DMV, U.S. D.O.J. However, an informant whos been burnt obviously wont be trusted in their typical circles. Copyright 2022, Thomson Reuters. Guadalupe Juarez/AFP/Getty Images Contributing to the Delinquency of a Minor. The purpose of the ruling is to establish an informant . To the U.S. government, he was officially informant No. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. The memo stated that those rules would be part of a new policy handbook. But she did. 0000000884 00000 n 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. The CI knows he/she is working as a snitch, but you do not. Guadalupe Juarez/AFP/Getty Images Informants nationwide end up beaten, tortured and dead once they're found out. Police and prosecutors generally want to keep the identity of their CI a secret. The required areas are criminal justice, law enforcement, police science, etc. "Are you kidding me? "I was shocked. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. How Much Jail Time for Felony Grand Theft? What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. It depends. 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. Absolutely. In general, the Government goes to great lengths to not reveal the identity of snitches. trailer 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. But that is the sobering truth of being a CI. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. Call 954-845-0505 today. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Believe it or not it is legal for law enforcement to pay a government snitch! 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. there are basically two types of police investigation, reactive and proactive. The amount of a drug for which trafficking charges are applicable varies depending on the substance. and Raul Loya a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. ) or https:// means youve safely connected to the .gov website. The agency began deportation proceedings with the intention of sending him back to Mexico. "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?" 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. The Drug Enforcement Administration blacklisted him. For a quick fix solution Wikipedia provides a list of potential motivations. The true identity of a confidential informant should be strictly limited to an identified number of people. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. 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. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Active listening for police - a skill for conflict avoidance. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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.
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