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By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. But this is nearly non-existent in state cases and rare, at best, in federal cases. 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. Can a felon be a confidential informant? There should be an audit trail detail who has seen the true identity and when they saw it. This field is for validation purposes and should be left unchanged. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. "In my mind, he was given a license to kill.". Lalo wasn't looking to make a deal. The CI knows he/she is working as a snitch, but you do not. "And you have to act like a criminal.". We will review the facts surrounding your unique case and provide you with honest answers. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. So how can a court find a CI's testimony to be credible? These guys are El Paso's version of the Keystone Kops," Loya says. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. If you need help defending yourself from these cases, our criminal defense firm can help. Therefore, they wont be able to provide any information. 1 ANSWER. This site is protected by A responsive, knowledgeable and skilled attorney. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. confidential relationship is or should be formed by use of the site. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Believe it or not it is legal for law enforcement to pay a government snitch! The CI is searched before and after the deal by the police. In my mind, he was given a license to kill. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Copyright 2023 Weinstein Legal. Is a Confidential Informant Truthful? There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. However, this does not have to be the case. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 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. On the tape, Lalo looks more like a victim than a drug thug. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Fabricating a confidential informant can lead to dire consequences. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. In the end the police are working for the government and you are left holding the bag. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. To the U.S. government, he was officially informant No. reCAPTCHA and the Google Privacy Policy and Courtesy Texas DMV, U.S. D.O.J. It hit me like cold water in the face; it just feels terrible. Guadalupe Juarez/AFP/Getty Images Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Identities should be stored in a system with the highest level of security and with Role Based Access Control. He explained to my husband and I what my son was facing. 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. 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. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. 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. 0000032339 00000 n hide caption. Mathew did an amazing job in court. Understanding an informants motives for providing information is fundamental to managing them effectively. No, the identity of informants are not public record. I took the recording and I told my supervisor that I didn't wish to be part of the case. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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 . Highlight information that would indicate their dishonesty or bias. code or county). You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Yes, a felon can be an informant. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. 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). hide caption. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Gonzalez lodged a complaint against ICE. The government could decide to charge someone who does that with obstruction of justice, among other things. 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. The agency began deportation proceedings with the intention of sending him back to Mexico. 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. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. This may result in longer prison sentences and larger fines associated with a conviction. Put crudely . It's also the least painful and expensive. This is something that can be used to impeach him when he testifies. "It just made me sick," he says. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. "Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder," he says. How Can Mitigation Help Get Me The Lowest Possible Sentence? A. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Lalo's information was on the mark. It is not like the old school movies where you can see a wire taped under someones shirt. The crux revolves around the confidential part of the confidential informant. Being a CI is a very dangerous, risky endeavor. Possess a dangerous drug for sale. Contact us. We came back night after night to see how many they dug up.". The content of the responses is entirely from reviewers. Here in Mexico, there is no justice, only impunity. Sign up. "That was the first incident that I ever came across that he was working both sides," Bencomo says. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 3 man in the Juarez cartel. He's clean-cut and clearly educated. The identity of the CI can be necessary to a Defendants defense in their criminal case. %%EOF "We stayed there all night and watched as they pulled out bodies," Magana says. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 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. Then, at trial, the Government calls the . 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. 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. An attorney may help you weigh your options. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. about FindLaws newsletters, including our terms of use and privacy policy. 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. 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. The information provided on this site is not legal by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Thank you Mathew!! 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, The government does not have the resources or time to do this. 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. 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). A common myth that is absolutely not true is that confidential informants do not testify in trials. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Can a REDDI Report Be the Legal Basis for a Traffic Stop? The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. And Lalo was with them. Understanding motive and motivation. For a quick fix solution Wikipedia provides a list of potential motivations. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. 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. But he had his reasons for informing on the drug gang. You order drugs from the CI. Human motives and motivation is a complex subject with many competing theories. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Eventually, a dozen bodies were unearthed at the site. hide caption. But that is the sobering truth of being a CI. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. Details for individual reviews received before 2009 are not displayed. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. It just made me sick. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. The guidelines can be used to develop or revise written directives for using and managing informants. For now, he said, jail is better than the fate he faces in Mexico. You will not be able to notice the marks. "So where are we going to find any help if we can't trust the U.S.?". It is possible to beat drug trafficking charges. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. startxref Bencomo says the agents were told that Santillan was the No. Official websites use .gov My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. "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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. What evidence is needed to make a drug bust? But Bencomo stayed on, and so did Lalo. It all depends on the facts of your case. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. The CI must provide 100% honest information. In all, there were 12 victims. 0000018883 00000 n If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Police and prosecutors generally want to keep the identity of their CI a secret. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. Secure .gov websites use HTTPS How credible is the confidential informant? Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder. Former agent Bencomo remembers listening to the tape. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. By searching the informant, surveilling the buy, and taking other similar measures, the goal is to eliminate the possibility that the informant could plant the drugs on the suspect in order to fulfill the deal with the police. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 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. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. It depends. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Login. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Some informants have personalities that make them difficult to manage. He also tried to get Congress to investigate, but that went nowhere. It is ugly. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. abstract. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. 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. I am not saying my child didnt have a breakdown. Marvin Christensen @MarvinChristensen988. The recording devices used have become very sophisticated and are virtually undetectable. You cant enforce these agreements or conversations. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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. Lalo has been in solitary confinement for more than five years. Distinguished: An excellent rating for a lawyer with some experience. Fortunately we have done it for you. Possibly, yes. While we continue to believe that the motives of a confidential informant can be summarized in one or two words, for example, fear, money or a reduced sentence, our interactions with them will always remain superficial and be fraught with risk. The best way to beat the system and stay out of prison is don't break the law. 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. for the objects of police raids if things go awry. You can receive an entirely free case evaluation with absolutely no obligation. The CI will likely be paying with marked money. ) or https:// means youve safely connected to the .gov website. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. 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. An official website of the United States government, Department of Justice. 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. Bencomo was the only one fired as a result of the Lalo fiasco. he really cares and goes beyond 100% to help his clients. 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. 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. 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 more specific and detailed, the more likely a court is to accept a CI's information. He is the best !! Ashok Dhamija Here in Mexico, there is no justice, only impunity," Magana says. But she did. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. The information may prove to relate to exculpatory evidence. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Absolutely. A .gov website belongs to an official government organization in the United States. 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. 913, though most called him by the nickname Lalo. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 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. He also helped crack a major international cigarette smuggling ring. Supplemental Terms. The CI may be required to testify in a trial of the person they are snitching on. A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. trailer The reason for this is the police use the CI to gain probable cause for your arrest. 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. 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. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. 913, though most called him by the nickname Lalo. 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. We found ourselves against all odds. 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. What Are the Different Types of Injunctions in Florida? Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. <<59BC4FB09E3701468D15B956FB86861C>]>> 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 decision can affect you and others for the rest of your life. Are Confidential Informants Credible? 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. "What is wrong with this picture?". 0000032775 00000 n In this hour of need and when this medical pro Mat was such a relief to our family! The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. We called after our son was arrested for a crime he committed nearly 9 months earlier. 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 informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. 5. 5 Factors Courts Will Consider. 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 . Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Exculpatory evidence is evidence that could clear the defendant of guilt. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Lalo said his actions were necessary to maintain his cover. Contributing to the Delinquency of a Minor. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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. 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 high court held that reliance on informant testimony implicates . Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. His performance in court was outstanding and gave me a big victory. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. [It is only available to law enforcement.]. There may be other reasons why the identity of the CI will be revealed. After all, the average CI is a 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?