Bencomo was the only one fired as a result of the Lalo fiasco. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Understanding motive and motivation. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. However, you need a tireless defense team fighting on your behalf. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. So how can a court find a CI's testimony to be credible? Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. 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. 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. Timeline: An ICE Informant Run Amok Or Mishandled? Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 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. My reservations were quickly eased during my initial consultation. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Confidential Informants can never be 100% protected by the Government or anyone else. 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". How Much Jail Time for Felony Grand Theft? From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. "I was shocked. It's also the least painful and expensive. 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. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. We came back night after night to see how many they dug up.". 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, 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. 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. 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). 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. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Fabricating a confidential informant can lead to dire consequences. Learn more 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. Distinguished: An excellent rating for a lawyer with some experience. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. The reason for this is the police use the CI to gain probable cause for your arrest. 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. The CI must provide 100% honest information. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. I had to go to the restroom and throw up. On the tape, Lalo looks more like a victim than a drug thug. Please explain why you are flagging this content: * This will flag comments for moderators to take action. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Demonstrate any past instances of false or invalidated evidence or information they have provided. and Raul Loya 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. You cant enforce these agreements or conversations. 129 14 "And you have to act like a criminal.". In any case, the outcome will most likely benefit you as the defendant. 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. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Do not allow any of these things to happen to you. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. The feds paid Lalo well: nearly $250,000 over four years. The memo stated that those rules would be part of a new policy handbook. 0000000576 00000 n 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. Contact us. You deserve the same chance at having an excellent legal defense. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. A person shall not knowingly: 1. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. there are basically two types of police investigation, reactive and proactive. ICE says it learned some lessons dealing with Lalo. 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. Mathew did an amazing job in court. 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. No one. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. After all, the average CI is a The content of the responses is entirely from reviewers. But as that investigation started, ICE's prized snitch came under suspicion. "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. In general, the Government goes to great lengths to not reveal the identity of snitches. His sincerity, empathy and commitment to advocating on my behalf were apparent. 0000032339 00000 n He also tried to get Congress to investigate, but that went nowhere. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". <<59BC4FB09E3701468D15B956FB86861C>]>> As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Our son was distraught and frightened and Matt was very reassuring and supportive. 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. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. Here in Mexico, there is no justice, only impunity. It is possible to beat drug trafficking charges. The use of informants by police is essentially unregulated by the courts. Call 954-845-0505 any time, day or night, to speak with a member of our team. Mathew is really eloquent and smart. How Do You Beat a Drug Trafficking Charge in Florida? If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Highlight information that would indicate their dishonesty or bias. That's all I'm doing right now.". The CI is assigned a CI number and agrees to provide information about your case to the police. 913, though most called him by the nickname Lalo. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. Ashok Dhamija In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. Meeting with a lawyer can help you understand your options and how to best protect your rights. Martindale-Hubbell validates that a reviewer is a person with a valid email address. hide caption. In all, there were 12 victims. 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. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Thank you Mathew!! But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Share sensitive information only on official, secure websites. This is a common issue people face when working as CIs. Lalo has been in solitary confinement for more than five years. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Sign up. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. So where are we going to find any help if we can't trust the U.S.? It can also be risky for the prosecution if they must give the CIs identity to the defense later. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Some informants have personalities that make them difficult to manage. What Are the Different Types of Injunctions in Florida? You will not be able to notice the marks. 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. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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. Police and prosecutors generally want to keep the identity of their CI a secret. Is a Confidential Informant Truthful? For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. The information may prove to relate to exculpatory evidence. An exchange for leniency in the charges against the informant generally occurs in these situations. Throughout, he maintained consistent communication each step of the way until my case was resolved. hide caption. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Lalo's information was on the mark. 0000000884 00000 n No, the identity of informants are not public record. Lawyers from our extensive network are ready to answer your question. Can a REDDI Report Be the Legal Basis for a Traffic Stop? He says Lalo was the keeper of the keys. and Raul Loya. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. What Is the Difference between Kidnapping and False Imprisonment. Then, at trial, the Government calls the . Schedule a free consultation today. And gaining a better understanding of what motivates people takes time. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 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. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. However, this does not have to be the case. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. You may feel trapped by serving as a Government informant. Human motives and motivation is a complex subject with many competing theories. But he had his reasons for informing on the drug gang. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. It has been dubbed the House of Death. 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. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. But in either language, his story is the same. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. The information provided on this site is not legal Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. It just made me sick. "I really was doing something good," he said. 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. But she did. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. [It is only available to law enforcement.]. However, this does not have to be the case. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. "He would say, 'We're going to have a barbecue.' This site is protected by The guidelines can be used to develop or revise written directives for using and managing informants. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. AV Preeminent: The highest peer rating standard. How credible is the confidential informant? A simple he-said-she-said backed up with no observations won't be worth much in court. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. You can receive an entirely free case evaluation with absolutely no obligation. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. 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." 3. For now, he said, jail is better than the fate he faces in Mexico. 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. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. 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. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. It often comes to light that things may not be as they seem and this can greatly help your defense. The majority of informants are those working off their own cases. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. The crux revolves around the confidential part of the confidential informant. However, the above measures are extra insurance for the police, they are not required. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. The CI may be charged with a serious drug (or other) criminal offense. for the objects of police raids if things go awry. The attorney advice, does not constitute a lawyer referral service, and no attorney-client or The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. The pros and cons of being a confidential informant. . 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. Put crudely . Guadalupe Juarez/AFP/Getty Images The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. 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. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The killings in Juarez took place more than six years ago. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Marvin Christensen @MarvinChristensen988. 2. All rights reserved. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Matt was available throughout the process for consultations with both my son and his parents. Absolutely. Call 954-845-0505 today. Once the government uses you as a CI, they can be done with you. But in Lalo's case, he says, rogue agents didn't properly follow them. 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. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. As with most things in the legal world, knowing how to beat a CI depends on your case. An attorney may help you weigh your options. Bencomo says the agents were told that Santillan was the No. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. It all depends on the facts of your case. Bencomo says Lalo was different from other informants. His performance in court was outstanding and gave me a big victory. 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. 0000001094 00000 n Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Visit https://www.gustitislaw.com for more information about inform. Law enforcement will often corroborate a CI's information with consistent observations by officers. Fortunately we have done it for you. 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. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Login. . A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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. 0000000016 00000 n The police can use information gained from the CI about you that the Government can use when prosecuting your case. 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.