This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. Fabricating a confidential informant can lead to dire consequences. 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. It hit me like cold water in the face; it just feels terrible. He also helped crack a major international cigarette smuggling ring. "I had to go to the restroom and throw up. 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. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. How to Become an FBI Informant | Legal Beagle Contributing to the Delinquency of a Minor. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. "Are you kidding me? Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. If CIs were public record, it would put their lives in danger and the lives of their loved ones. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. The memo stated that those rules would be part of a new policy handbook. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. To the U.S. government, he was officially informant No. After all, the average CI is a 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. We will review the facts surrounding your unique case and provide you with honest answers. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Share sensitive information only on official, secure websites. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 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. With every new body, the smell would hit us it was horrible. 1 ANSWER. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. The killings in Juarez took place more than six years ago. Throughout, he maintained consistent communication each step of the way until my case was resolved. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. "We stayed there all night and watched as they pulled out bodies," Magana says. 129 0 obj <> endobj Our consultant Dr John Buckley will be. The Client Review Rating score is determined through the aggregation of validated responses. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. 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 . Defending Against Informants in Drug Sales Cases | Ray Kimble 0000032339 00000 n If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case. 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. All rights reserved.|Disclaimer|Privacy policy. But he had his reasons for informing on the drug gang. The CI may be required to testify in a trial of the person they are snitching on. Absolutely. Jeralyn Elise Merritt (Unclaimed Profile). 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Read More >>. To the U.S. government, he was officially informant No. This website is for general informational purposes only. Do not allow any of these things to happen to you. Copyright 2023 Weinstein Legal. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. In general, the Government goes to great lengths to not reveal the identity of snitches. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Copyright 2022, Thomson Reuters. NPR went there with veteran Juarez crime reporter Carlos Huerta. An attorney may help you weigh your options. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Human motives and motivation is a complex subject with many competing theories. xref If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. can you beat a controlled by Case by discrediting the - Avvo There are legal defenses available to you. That's all I'm doing right now.". You will not be able to notice the marks. 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. 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 high court held that reliance on informant testimony implicates . Should You Work as a Police Confidential Informant? Defense - YouTube 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. 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? 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. However, you need a tireless defense team fighting on your behalf. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. There is no obligation from the Government to protect you the rest of your life because you served as a CI. It is not like the old school movies where you can see a wire taped under someones shirt. 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. 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. 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Contact Susan Williams today for a free consultation. Kansas bill would give context about jailhouse informants | The Kansas "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Being a CI is a very dangerous, risky endeavor. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 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. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Confidentiality is what makes the informant valuable. The attorney Highlight information that would indicate their dishonesty or bias. Fortunately we have done it for you. As with most things in the legal world, knowing how to beat a CI depends on your case. Courtesy Texas DMV, U.S. D.O.J. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. An official website of the United States government, Department of Justice. Exculpatory evidence is evidence that could clear the defendant of guilt. How Do You Beat a Drug Trafficking Charge in Florida? He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. Every day that passes is another day that the prosecutors office is working to secure your guilt. All these only go to reinforce stereotypes. Courtesy Texas DMV, U.S. D.O.J. We found ourselves against all odds. Matthew and his team made calls and were very persistent. Can a felon be a confidential informant? "He would say, 'We're going to have a barbecue.' 0000000016 00000 n Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. This site is protected by 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. Protecting confidential informant identities -breaches risk lives You order drugs from the CI. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. ICE says the fault lies with former agent Bencomo, Lalo's handler. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Lalo has been in solitary confinement for more than five years. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. What are the different Martindale-Hubbell Peer Review Ratings?*. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. It all depends on the facts of your case. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. hide caption. Once I reached out to Matt he was back in touch within the hour. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 6. Skip to content. Stay up-to-date with how the law affects your life. The government could decide to charge someone who does that with obstruction of justice, among other things. The Case Of A Confidential Informant Gone Wrong : NPR If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. And the CI must answer the question truthfully or else possibly face sanctions in court. Marvin Christensen @MarvinChristensen988. The required areas are criminal justice, law enforcement, police science, etc. 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. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. There are several ways to become an FBI informant. The content of the responses is entirely from reviewers. AV Preeminent: The highest peer rating standard. Bencomo was the only one fired as a result of the Lalo fiasco. Active listening for police - a skill for conflict avoidance. But in Lalo's case, he says, rogue agents didn't properly follow them. "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.". My reservations were quickly eased during my initial consultation. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Confidential informants arent the same as anonymous sources or tipsters. Distinguished: An excellent rating for a lawyer with some experience. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Possess or use a dangerous drug. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. However, an informant whos been burnt obviously wont be trusted in their typical circles. he says. How to Become a Confidential Informant | Mental Itch Possess a dangerous drug for sale. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. There are two opportunities to find out the identity of a confidential informant: before and during trial. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices I would recommend Justin without reservation to anyone seeking representation. 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). reCAPTCHA and the Google Privacy Policy and Here in Mexico, there is no justice, only impunity. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. He explained to my husband and I what my son was facing.