He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. You may feel you are being watched. Details for individual reviews received before 2009 are not displayed. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. The reason for this is the police use the CI to gain probable cause for your arrest. His handlers did well, too. The majority of informants are those working off . But he had his reasons for informing on the drug gang. "What is wrong with this picture?". Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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. 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. "It just made me sick," he says. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. If you need help defending yourself from these cases, our criminal defense firm can help. His performance in court was outstanding and gave me a big victory. But that is the sobering truth of being a CI. The CI may be charged with a serious drug (or other) criminal offense. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. 0000001540 00000 n 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. The CI is searched before and after the deal by the police. Possess a dangerous drug for sale. Here in Mexico, there is no justice, only impunity. 0000001712 00000 n "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. 0000000884 00000 n Once the government uses you as a CI, they can be done with you. But it wasn't just the people of Juarez who were outraged. 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. Gonzalez lodged a complaint against ICE. He says that the agency's guidelines for using confidential informants are sound. Possibly, yes. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. That's all I'm doing right now.". 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. He's clean-cut and clearly educated. Login. (The capacity for telling lies is called "mendacity," in case you were wondering.) If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. ICE says it learned some lessons dealing with Lalo. 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. code or county). The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. All rights reserved.|Disclaimer|Privacy policy. 5. 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. In my mind, he was given a license to kill. "And you have to act like a criminal.". Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. "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.". Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Human motives and motivation is a complex subject with many competing theories. 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. Opinion | Want to make a million? Become a DEA informant. 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. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. 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. 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . The problem is that there is no one to police the police. Copyright 2022, Thomson Reuters. reCAPTCHA and the Google Privacy Policy and What Is a Confidential Informant? - Randall & Stump, Criminal Defense Demonstrate any past instances of false or invalidated evidence or information they have provided. The monograph is organized around the confidential informant's employment . 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. Criminal Defense Attorney in Philadelphia. Put crudely . of this site is subject to additional Are Confidential Informants Credible? Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. The pros and cons of being a confidential informant. PDF Confidential Informants: Protecting Their Identity Learn more North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. The CI will likely be paying with marked money. 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, 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. Lalo said his actions were necessary to maintain his cover. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. All these only go to reinforce stereotypes. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Matt was available throughout the process for consultations with both my son and his parents. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. What evidence is needed to make a drug bust? Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. "I really was doing something good," he said. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 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. Understanding motive and motivation. 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. Thus, a court needs some basis for a CI's allegations. NPR went there with veteran Juarez crime reporter Carlos Huerta. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. The CI will contact you or maybe you contact the CI. Secondly, know all the versions of the s. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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. 1 ANSWER. The killings in Juarez took place more than six years ago. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. Informants nationwide end up beaten, tortured and dead once they're found out. He also helped crack a major international cigarette smuggling ring. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. It often comes to light that things may not be as they seem and this can greatly help your defense. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. . No, the identity of informants are not public record. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. Active listening for police - a skill for conflict avoidance. and Raul Loya Confidential informants people who pose. Stay up-to-date with how the law affects your life. Saying they have a CI may be a cover for ill-gotten evidence and information. It hit me like cold water in the face; it just feels terrible. Believe it or not it is legal for law enforcement to pay a government snitch! Bencomo says Lalo was different from other informants. Possess or use a dangerous drug. in the former, a crime is reported to the police and an investigation is initiated; in the latter . 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. 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. "It hit me like cold water in the face; it just feels terrible. A person shall not knowingly: 1. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Drug Use and The Use of a Confidential Informant | Ketcham Law 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? ICE says the fault lies with former agent Bencomo, Lalo's handler. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. He explained to my husband and I what my son was facing. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. On the tape, Lalo looks more like a victim than a drug thug. Visit https://www.gustitislaw.com for more information about inform. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Even with the promise of payment, the decision to become a CI is very dangerous. Protecting confidential informant identities -breaches risk lives How experts say to reform the confidential informant - KSAT ) or https:// means youve safely connected to the .gov website. 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 . Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Do not wait to start working on your defense. In this hour of need and when this medical pro Mat was such a relief to our family! CONFIDENTIAL INFORMANTS - Official FBIretired Website Highlight information that would indicate their dishonesty or bias. It is possible to beat drug trafficking charges. It can also be risky for the prosecution if they must give the CIs identity to the defense later. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Guadalupe Juarez/AFP/Getty Images The information provided on this site is not legal 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 . To the U.S. government, he was officially informant No. Kansas bill would give context about jailhouse informants | The Kansas A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Choosing the right attorney can be the most important step youll ever take. How the FBI Conceals Its Payments to Confidential Sources 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." Once the case was done, ICE was also done with Lalo. "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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. CONFIDENTIAL INFORMANT | Office of Justice Programs 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. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. The high court held that reliance on informant testimony implicates . Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Drug smuggling turned out to be the least of Lalo's exploits. listings on the site are paid attorney advertisements. 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. Our consultant Dr John Buckley will be. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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. Your access of/to and use In the end the police are working for the government and you are left holding the bag. The attorney How Can Mitigation Help Get Me The Lowest Possible Sentence? The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. Confidential informants arent the same as anonymous sources or tipsters. We contacted our attorney in the state where we live and he recommended Matt to us. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. "I believe in some kind of justice, and I think I was doing something good," he said. 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. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 0000000576 00000 n A lock ( Every day that passes is another day that the prosecutors office is working to secure your guilt. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. hide caption. This is very wrong and a misconception. You may not see or notice the police. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet Confidential Informants - Law Office of Perry A. Craft PLLC Motives and Motivations of Confidential Informants The content of the responses is entirely from reviewers. "I don't know if they are going to keep me here for the rest of my life," he said. 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? 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. 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. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. If youre worried about how to beat a confidential informant, let the, represent you. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. The government does not have the resources or time to do this. 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. Confidential Informant Testifies as Government Witness. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. This may result in longer prison sentences and larger fines associated with a conviction. A simple he-said-she-said backed up with no observations won't be worth much in court. about FindLaws newsletters, including our terms of use and privacy policy. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. For now, he said, jail is better than the fate he faces in Mexico. 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. 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. 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". Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. The agency began deportation proceedings with the intention of sending him back to Mexico. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Both federal and state law enforcement officers use confidential informants. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Courtesy Texas DMV, U.S. D.O.J. 913, though most called him by the nickname Lalo. 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. 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. And the devices are constantly evolving and improving. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 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. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Schedule a free consultation today. However, you need a tireless defense team fighting on your behalf. xref Mathew is really eloquent and smart. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. After all, the average CI is a Police techniques for recruiting and running informants revealed 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. But during our interview, ICE said that handbook still isn't finished. This website is for general informational purposes only.

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