How Can Mitigation Help Get Me The Lowest Possible Sentence? If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Learn more . and Raul Loya The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. He says Lalo was the keeper of the keys. How Much Jail Time for Felony Grand Theft? But during our interview, ICE said that handbook still isn't finished. The high court held that reliance on informant testimony implicates . Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. No one. It depends. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Drug Informants: Motives, Methods, and Management For a quick fix solution Wikipedia provides a list of potential motivations. 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 . He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. But it wasn't just the people of Juarez who were outraged. Supplemental Terms. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. His performance in court was outstanding and gave me a big victory. Call 954-845-0505 any time, day or night, to speak with a member of our team. How experts say to reform the confidential informant - KSAT . The true identity of a confidential informant should be strictly limited to an identified number of people. 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. So where are we going to find any help if we can't trust the U.S.? "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. It all depends on the facts of your case. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Copyright 2023 Weinstein Legal. Once the case was done, ICE was also done with Lalo. Bencomo was the only one fired as a result of the Lalo fiasco. How credible is the confidential informant? Confidential Informant Testifies as Government Witness. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Your access of/to and use Thank you Mathew!! Can a felon be a confidential informant? What evidence is needed to Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Becoming an Informant | Office of Justice Programs He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. He is the best !! Can a REDDI Report Be the Legal Basis for a Traffic Stop? Therefore, they wont be able to provide any information. Exculpatory evidence is evidence that could clear the defendant of guilt. 129 14 A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. 0000001273 00000 n %%EOF CONFIDENTIAL INFORMANTS - Official FBIretired Website ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. I couldn't believe it," says the DEA's Sandalio Gonzalez. Confidentiality is what makes the informant valuable. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. The memo stated that those rules would be part of a new policy handbook. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Every day that passes is another day that the prosecutors office is working to secure your guilt. 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. 142 0 obj<>stream ZIP However, you need a tireless defense team fighting on your behalf. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. %PDF-1.3 % The information provided on this site is not legal 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". Bencomo says Lalo was different from other informants. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. The majority of informants are those working off their own cases. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. The CI is searched before and after the deal by the police. These guys are El Paso's version of the Keystone Kops," Loya says. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. The attorney Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. "He would say, 'We're going to have a barbecue.' hide caption. 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Matthew and his team made calls and were very persistent. What Is the Difference between Kidnapping and False Imprisonment. 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. You may feel trapped by serving as a Government informant. Penalties for Drug Possession Charges as a Minor. 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. 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. But that is the sobering truth of being a CI. What evidence is needed to make a drug bust? 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. Once I reached out to Matt he was back in touch within the hour. You must have an associate's degree and a bachelor's degree in the relevant areas. 1 ANSWER. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Law enforcement may keep threatening jail or charges unless you work one more deal for them. 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. 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. 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? What Is a Confidential Informant? - Randall & Stump, Criminal Defense 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. There should be an audit trail detail who has seen the true identity and when they saw it. ICE says the fault lies with former agent Bencomo, Lalo's handler. However, this does not have to be the case. The purpose of the ruling is to establish an informant . how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. "I was shocked. How To Find Out If Someone Is A Police Informant The monograph is organized around the confidential informant's employment . 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. 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, That's all I'm doing right now.". 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. Police and prosecutors generally want to keep the identity of their CI a secret. 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. 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. 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. The required areas are criminal justice, law enforcement, police science, etc. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Possess a dangerous drug for sale. Confidential Informants > JAG Reporter > Article View Post hide caption. 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. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 129 0 obj <> endobj We contacted our attorney in the state where we live and he recommended Matt to us. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 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. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". The CI will contact you or maybe you contact the CI. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. 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. A person shall not knowingly: 1. It can also be risky for the prosecution if they must give the CIs identity to the defense later. The crux revolves around the confidential part of the confidential informant. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. 0000017958 00000 n Former agent Bencomo remembers listening to the tape. 5. 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 monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. The government does not have the resources or time to do this. Saying they have a CI may be a cover for ill-gotten evidence and information. The guidelines can be used to develop or revise written directives for using and managing informants. The Drug Enforcement Administration blacklisted him. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. It is important for law enforcement to protect the credibility of the informant as much as possible. How to Become a Confidential Informant | Mental Itch For now, he said, jail is better than the fate he faces in Mexico. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. But as that investigation started, ICE's prized snitch came under suspicion. 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." 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. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Visit https://www.gustitislaw.com for more information about inform. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Schedule a free consultation today. 0000017403 00000 n Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Guadalupe Juarez/AFP/Getty Images He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Fortunately we have done it for you. "It hit me like cold water in the face; it just feels terrible. It is not like the old school movies where you can see a wire taped under someones shirt. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. LockA locked padlock "In my mind, he was given a license to kill.". Among the victims were two U.S. residents. This field is for validation purposes and should be left unchanged. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. It often comes to light that things may not be as they seem and this can greatly help your defense. "So where are we going to find any help if we can't trust the U.S.?". The CI will likely be paying with marked money. Some informants have personalities that make them difficult to manage. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Lalo wasn't looking to make a deal. 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. Believe it or not it is legal for law enforcement to pay a government snitch! There are several ways to become an FBI informant. The Case Of A Confidential Informant Gone Wrong : NPR Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. The amount of a drug for which trafficking charges are applicable varies depending on the substance. "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.". confidential relationship is or should be formed by use of the site. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. A Bureau of Justice Assistance Monograph. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet 913, though most called him by the nickname Lalo. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. How Do You Beat a Drug Trafficking Charge in Florida? of this site is subject to additional Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Law enforcement will often corroborate a CI's information with consistent observations by officers. Experts explain how confidential informants infect the - Inlander The pros and cons of being a confidential informant. 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. 0000001094 00000 n Confidential informants arent the same as anonymous sources or tipsters. he really cares and goes beyond 100% to help his clients. To the U.S. government, he was officially informant No. 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 3. "And you have to act like a criminal.". Being a CI is a very dangerous, risky endeavor. It is possible to beat drug trafficking charges. 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. 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. "I really was doing something good," he said. Official websites use .gov It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. We came back night after night to see how many they dug up.". Choosing the right attorney can be the most important step youll ever take. This story was produced for broadcast by Marisa Penaloza. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 0000001540 00000 n On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. There are two opportunities to find out the identity of a confidential informant: before and during trial. Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. Those are . 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 . Protecting confidential informant identities -breaches risk lives
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