In general, the Government goes to great lengths to not reveal the identity of snitches. My reservations were quickly eased during my initial consultation. 0000032775 00000 n advice, does not constitute a lawyer referral service, and no attorney-client or 142 0 obj<>stream 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. Skip to content. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Police and prosecutors generally want to keep the identity of their CI a secret. We called after our son was arrested for a crime he committed nearly 9 months earlier. An exchange for leniency in the charges against the informant generally occurs in these situations. 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. 0000000884 00000 n "It hit me like cold water in the face; it just feels terrible. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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). Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Please explain why you are flagging this content: * This will flag comments for moderators to take action. The majority of informants are those working off . Our son was distraught and frightened and Matt was very reassuring and supportive. It has been dubbed the House of Death. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Courtesy Raul Loya 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. . Guadalupe Juarez/AFP/Getty Images Share sensitive information only on official, secure websites. His handlers did well, too. 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. The purpose of the ruling is to establish an informant . He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 0000001889 00000 n There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. 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. Yes, in some circumstances the police will pay a person to be a CI. And Lalo was with them. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. What Are the Different Types of Injunctions in Florida? He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. And the CI must answer the question truthfully or else possibly face sanctions in court. 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. An attorney may help you weigh your options. "There were these code words that the bosses would say to Lalo," Huerta says. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. This is very wrong and a misconception. 5. ZIP Gonzalez lodged a complaint against ICE. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. See are article relating to Missouri's witness protection program and the lack of uptake. 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. Highlight information that would indicate their dishonesty or bias. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). With every new body, the smell would hit us it was horrible. Eventually, a dozen bodies were unearthed at the site. Exculpatory evidence is evidence that could clear the defendant of guilt. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. We came back night after night to see how many they dug up.". You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. about FindLaws newsletters, including our terms of use and privacy policy. And gaining a better understanding of what motivates people takes time. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Copyright 2023 Weinstein Legal. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. It often comes to light that things may not be as they seem and this can greatly help your defense. And the devices are constantly evolving and improving. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. The attorney This is something that can be used to impeach him when he testifies. 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. Secure .gov websites use HTTPS Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The feds paid Lalo well: nearly $250,000 over four years. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. It's also the least painful and expensive. Here in Mexico, there is no justice, only impunity," Magana says. You may feel you are being watched. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. xref I couldn't believe it," says the DEA's Sandalio Gonzalez. The identity of the CI can be necessary to a Defendants defense in their criminal case. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Choosing the right attorney can be the most important step youll ever take. However, you need a tireless defense team fighting on your behalf. A responsive, knowledgeable and skilled attorney. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Bencomo was the only one fired as a result of the Lalo fiasco. In my mind, he was given a license to kill. You order drugs from the CI. This is a common issue people face when working as CIs. He also helped crack a major international cigarette smuggling ring. Understanding motive and motivation. A lock ( 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. 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. Is a Confidential Informant Truthful? The more specific and detailed, the more likely a court is to accept a CI's information. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". There are several ways to become an FBI informant. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' Do not wait to start working on your defense. "What is wrong with this picture?". 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. Police and prosecutors generally want to keep the identity of their CI a secret. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Some informants have personalities that make them difficult to manage. For now, he said, jail is better than the fate he faces in Mexico. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. hide caption. Meeting with a lawyer can help you understand your options and how to best protect your rights. This decision can affect you and others for the rest of your life. It just made me sick. Once the government uses you as a CI, they can be done with you. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. abstract. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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? and Raul Loya Confidential informants people who pose. Sign up. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Possess or use a dangerous drug. In all, there were 12 victims. Believe it or not it is legal for law enforcement to pay a government snitch! Every day that passes is another day that the prosecutors office is working to secure your guilt. It hit me like cold water in the face; it just feels terrible. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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. ) or https:// means youve safely connected to the .gov website. "I had to go to the restroom and throw up. 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. But she did. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The CI will likely be paying with marked money. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Copyright 2023 MH Sub I, LLC dba Internet Brands. 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. For a free legal consultation, call 215.515.3360. The guidelines can be used to develop or revise written directives for using and managing informants. A few other articles found on the internet will give an expanded version of that list. 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. 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. Those are . 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. Informants. The memo stated that those rules would be part of a new policy handbook. Here in Mexico, there is no justice, only impunity. Identities should be stored in a system with the highest level of security and with Role Based Access Control. If youre worried about how to beat a confidential informant, let the, represent you. Do not allow any of these things to happen to you. 1 ANSWER. 3. "I believe in some kind of justice, and I think I was doing something good," he said. But Bencomo stayed on, and so did Lalo. Fabricating a confidential informant can lead to dire consequences. there are basically two types of police investigation, reactive and proactive. 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. 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. Put crudely . However, the above measures are extra insurance for the police, they are not required. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. I had to go to the restroom and throw up. I would recommend Justin without reservation to anyone seeking representation. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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? Some people have heard of the witness protection program in movies or TV shows. 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. code or county). It is possible to beat drug trafficking charges. Lalo said his actions were necessary to maintain his cover. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. (The capacity for telling lies is called "mendacity," in case you were wondering.) I am not saying my child didnt have a breakdown. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Copyright 2022, Thomson Reuters. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Penalties for Drug Possession Charges as a Minor. 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. <<59BC4FB09E3701468D15B956FB86861C>]>> It is not like the old school movies where you can see a wire taped under someones shirt. Yes, a felon can be an informant. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". There must be some legal guarantee that a CI's info is good. 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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). If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. That's all I'm doing right now.". Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. for the objects of police raids if things go awry. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. [It is only available to law enforcement.]. Read More >>. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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. 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. 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. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. "We stayed there all night and watched as they pulled out bodies," Magana says. Anyone considering being a CI should first talk to a criminal defense attorney. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. The CI may be charged with a serious drug (or other) criminal offense. Possess a dangerous drug for sale. 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. The CI may be required to testify in a trial of the person they are snitching on. But this is nearly non-existent in state cases and rare, at best, in federal cases. confidential relationship is or should be formed by use of the site. 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. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. All rights reserved. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). Confidential informants arent the same as anonymous sources or tipsters. Courtesy Texas DMV, U.S. D.O.J. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. 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. This field is for validation purposes and should be left unchanged. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. . Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. startxref The most common way to become an FBI informant is to be approached by the FBI. How Can Mitigation Help Get Me The Lowest Possible Sentence? Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. The police can use information gained from the CI about you that the Government can use when prosecuting your case. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. A Bureau of Justice Assistance Monograph. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 0000000016 00000 n vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. His sincerity, empathy and commitment to advocating on my behalf were apparent. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 129 0 obj <> endobj Lawyers from our extensive network are ready to answer your question. This video explains the risks and benefits of working as a police confidential informant. What evidence is needed to make a drug bust? For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. "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.". But it wasn't just the people of Juarez who were outraged. Matthew and his team made calls and were very persistent. Lalo wasn't looking to make a deal. "Are you kidding me? 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. Jeralyn Elise Merritt (Unclaimed Profile). Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Drug smuggling turned out to be the least of Lalo's exploits. But during our interview, ICE said that handbook still isn't finished. 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? The information may prove to relate to exculpatory evidence. Confidentiality is what makes the informant valuable. It all depends on the facts of your case. This site is protected by For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. You must have an associate's degree and a bachelor's degree in the relevant areas. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Guadalupe Juarez/AFP/Getty Images Distinguished: An excellent rating for a lawyer with some experience. You cant enforce these agreements or conversations. 0000001273 00000 n $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Possibly, yes. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. The CI knows he/she is working as a snitch, but you do not.
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how to beat a confidential informant