The police have the upper hand on CIs. <<59BC4FB09E3701468D15B956FB86861C>]>> "I believe in some kind of justice, and I think I was doing something good," he said. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. How Do You Beat a Drug Trafficking Charge in 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. But Bencomo stayed on, and so did Lalo. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Even with the promise of payment, the decision to become a CI is very dangerous. But she did. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. This field is for validation purposes and should be left unchanged. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. A few other articles found on the internet will give an expanded version of that list. 129 0 obj <> endobj Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Criminal defense attorneys have a host of tools to do this. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. The problem is that there is no one to police the police. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. A simple he-said-she-said backed up with no observations won't be worth much in court. Secure .gov websites use HTTPS My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. You cant enforce these agreements or conversations. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. This story was produced for broadcast by Marisa Penaloza. Once the government uses you as a CI, they can be done with you. It all depends on the facts of your case. The police can use information gained from the CI about you that the Government can use when prosecuting your case. What Are the Different Types of Injunctions in Florida? A. Gonzalez lodged a complaint against ICE. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 28 How To Beat A Confidential Informant 02/2023 - KTHN A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? We called after our son was arrested for a crime he committed nearly 9 months earlier. 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. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. The CI may do controlled buys. This means that the CI will have an agreement with the police. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. However, this does not have to be the case. Absolutely. code or county). According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. 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. Our consultant Dr John Buckley will be. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. there are basically two types of police investigation, reactive and proactive. If CIs were public record, it would put their lives in danger and the lives of their loved ones. The high court held that reliance on informant testimony implicates . However, an informant whos been burnt obviously wont be trusted in their typical circles. Confidential Informants - Law Office of Perry A. Craft PLLC The content of the responses is entirely from reviewers. 913, though most called him by the nickname Lalo. An official website of the United States government, Department of Justice. But it wasn't just the people of Juarez who were outraged. 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 only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 0000001273 00000 n The majority of informants are those working off their own cases. "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. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. Believe it or not it is legal for law enforcement to pay a government snitch! 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. 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. 5 Factors Courts Will Consider. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. 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. Being a CI is a very dangerous, risky endeavor. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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 CI knows he/she is working as a snitch, but you do not. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Do not wait to start working on your defense. Confidential informants arent the same as anonymous sources or tipsters. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. I would recommend Justin without reservation to anyone seeking representation. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. can you beat a controlled by Case by discrediting the - Avvo The Case Of A Confidential Informant Gone Wrong : NPR 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". 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. "He would say, 'We're going to have a barbecue.' This is very wrong and a misconception. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. It's also the least painful and expensive. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. 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. How to Beat a Drug Trafficking Charge in Florida Login. Matthew and his team made calls and were very persistent. CONFIDENTIAL INFORMANTS - Official FBIretired Website But in Lalo's case, he says, rogue agents didn't properly follow them. In this hour of need and when this medical pro Mat was such a relief to our family! confidential relationship is or should be formed by use of the site. 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. "It was so horrible. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. "What is wrong with this picture?". 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 . "It hit me like cold water in the face; it just feels terrible. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. "I don't know if they are going to keep me here for the rest of my life," he said. "In my mind, he was given a license to kill.". But as that investigation started, ICE's prized snitch came under suspicion. Drug Use and The Use of a Confidential Informant | Ketcham Law hide caption. The CI may be charged with a serious drug (or other) criminal offense. You may feel you are being watched. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. How to beat a confidential informant - Quora 0000000884 00000 n Possess or use a dangerous drug. All these only go to reinforce stereotypes. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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." 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. You must have an associate's degree and a bachelor's degree in the relevant areas. It is important for law enforcement to protect the credibility of the informant as much as possible. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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 . Can a felon be a confidential informant? What evidence is needed to Copyright 2023 MH Sub I, LLC dba Internet Brands. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Distinguished: An excellent rating for a lawyer with some experience. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. To the U.S. government, he was officially informant No. 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. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Demonstrate any past instances of false or invalidated evidence or information they have provided. With every new body, the smell would hit us it was horrible. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. "I had to go to the restroom and throw up. "We stayed there all night and watched as they pulled out bodies," Magana says. Here in Mexico, there is no justice, only impunity," Magana says. AV Preeminent: The highest peer rating standard. All rights reserved. (The capacity for telling lies is called "mendacity," in case you were wondering.) Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Martindale-Hubbell validates that a reviewer is a person with a valid email address. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. and Raul Loya 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. A common myth that is absolutely not true is that confidential informants do not testify in trials. Police and prosecutors generally want to keep the identity of their CI a secret. 913, though most called him by the nickname Lalo. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' So where are we going to find any help if we can't trust the U.S.? 0000032339 00000 n The feds paid Lalo well: nearly $250,000 over four years. ICE says the fault lies with former agent Bencomo, Lalo's handler. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Beat a Confidential Information in Philadelphia | Cases with CI Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Should You Work as a Police Confidential Informant? Defense - YouTube Contributing to the Delinquency of a Minor. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. CONFIDENTIAL INFORMANT | Office of Justice Programs Opinion | Want to make a million? Become a DEA informant. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Throughout, he maintained consistent communication each step of the way until my case was resolved. 6. How Can Mitigation Help Get Me The Lowest Possible Sentence? Saying they have a CI may be a cover for ill-gotten evidence and information. 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. There are legal defenses available to you. Courtesy Texas DMV, U.S. D.O.J. A .gov website belongs to an official government organization in the United States. 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. 0000001094 00000 n How Much Jail Time for Felony Grand Theft? A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. 0000000016 00000 n Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. of this site is subject to additional A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 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. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. If you need help defending yourself from these cases, our criminal defense firm can help. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. . It can also be risky for the prosecution if they must give the CIs identity to the defense later. The required areas are criminal justice, law enforcement, police science, etc. 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.