Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. 0000001889 00000 n "I really was doing something good," he said. 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. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. The killings in Juarez took place more than six years ago. 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. I would recommend Justin without reservation to anyone seeking representation. How credible is the confidential informant? 0 When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Contributing to the Delinquency of a Minor. Confidential Informants can never be 100% protected by the Government or anyone else. Exculpatory evidence is evidence that could clear the defendant of guilt. "It was so horrible. He says that the agency's guidelines for using confidential informants are sound. 3 man in the Juarez cartel. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. 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. I am not saying my child didnt have a breakdown. The best way to beat the system and stay out of prison is don't break the law. Confidential Informant Testifies as Government Witness. 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. "And you have to act like a criminal.". 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. Once I reached out to Matt he was back in touch within the hour. Secure .gov websites use HTTPS The CI is searched before and after the deal by the police. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. The CI may be wearing a wire or recording device. But this is nearly non-existent in state cases and rare, at best, in federal cases. in the former, a crime is reported to the police and an investigation is initiated; in the latter . The true identity of a confidential informant should be strictly limited to an identified number of people. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Throughout, he maintained consistent communication each step of the way until my case was resolved. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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. Anyone considering being a CI should first talk to a criminal defense attorney. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Details for individual reviews received before 2009 are not displayed. His performance in court was outstanding and gave me a big victory. But as that investigation started, ICE's prized snitch came under suspicion. Among the victims were two U.S. residents. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. What Are the Different Types of Injunctions in Florida? Why did the chicken cross the road ? Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. 129 0 obj <> endobj However, an informant whos been burnt obviously wont be trusted in their typical circles. An attorney may help you weigh your options. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. The CI must provide 100% honest information. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Sign up. Our consultant Dr John Buckley will be. 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. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. That's all I'm doing right now.". The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Courtesy Raul Loya Skip to content. 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). The purpose of the ruling is to establish an informant . The CI may do controlled buys. This means that the CI will have an agreement with the police. . For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. I had to go to the restroom and throw up. Contact Susan Williams today for a free consultation. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. We came back night after night to see how many they dug up.". Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. 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. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. The amount of a drug for which trafficking charges are applicable varies depending on the substance. And Lalo was with them. This site is protected by 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. A common myth that is absolutely not true is that confidential informants do not testify in trials. 6. What evidence is needed to make a drug bust? Once the case was done, ICE was also done with Lalo. Distinguished: An excellent rating for a lawyer with some experience. What are the different Martindale-Hubbell Peer Review Ratings?*. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. 0000032339 00000 n For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? Meeting with a lawyer can help you understand your options and how to best protect your rights. You may feel trapped by serving as a Government informant. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. A still from a video in which Lalo talks about his case. You cant enforce these agreements or conversations. What Is the Difference between Kidnapping and False Imprisonment. 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. ) or https:// means youve safely connected to the .gov website. Identities should be stored in a system with the highest level of security and with Role Based Access Control. How Do You Beat a Drug Trafficking Charge in Florida? 1 ANSWER. 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. Courtesy Texas DMV, U.S. D.O.J. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. "He would say, 'We're going to have a barbecue.' Absolutely. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Copyright 2022, Thomson Reuters. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. AV Preeminent: The highest peer rating standard. 913, though most called him by the nickname Lalo. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. There may be cameras in the location that the deal takes place. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, you need a tireless defense team fighting on your behalf. 0000032775 00000 n xb```Il@r/ 0! This is the first time that Bencomo has talked publicly. The Drug Enforcement Administration blacklisted him. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 0000018883 00000 n 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. 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. How Much Jail Time for Felony Grand Theft? This is very wrong and a misconception. If you agree to work with the FBI, you will be . If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: [email protected] We provide the best confidential informant training available. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. 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). Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Understanding an informants motives for providing information is fundamental to managing them effectively. %PDF-1.3 % Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 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. There may be other reasons why the identity of the CI will be revealed. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. "So where are we going to find any help if we can't trust the U.S.?". Former agent Bencomo remembers listening to the tape. confidential relationship is or should be formed by use of the site. 0000001712 00000 n 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. 0000001540 00000 n 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. Confidential informants arent the same as anonymous sources or tipsters. 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. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. He says Lalo was the keeper of the keys. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. about FindLaws newsletters, including our terms of use and privacy policy. A lock ( It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. 2. In all, there were 12 victims. There are two opportunities to find out the identity of a confidential informant: before and during trial. All rights reserved.|Disclaimer|Privacy policy. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Are Confidential Informants Credible? ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. listings on the site are paid attorney advertisements. Police and prosecutors generally want to keep the identity of their CI a secret. "In my mind, he was given a license to kill.". Can a felon be a confidential informant? 142 0 obj<>stream Can a REDDI Report Be the Legal Basis for a Traffic Stop? No one. 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. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. If youre worried about how to beat a confidential informant, let the, represent you. 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. Do not allow any of these things to happen to you. He is the best !! 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 prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. But that is the sobering truth of being a CI. and Raul Loya. So how can a court find a CI's testimony to be credible? The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. "There were these code words that the bosses would say to Lalo," Huerta says. Possess or use a dangerous drug. Thus, a court needs some basis for a CI's allegations. Visit https://www.gustitislaw.com for more information about inform. 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, Every day that passes is another day that the prosecutors office is working to secure your guilt. Jeralyn Elise Merritt (Unclaimed Profile). 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. "What is wrong with this picture?". %%EOF As with most things in the legal world, knowing how to beat a CI depends on your case. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. "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.' 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. Here in Mexico, there is no justice, only impunity," Magana says. Informants nationwide end up beaten, tortured and dead once they're found out.
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