(The capacity for telling lies is called "mendacity," in case you were wondering.) Exculpatory evidence is evidence that could clear the defendant of guilt. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" People who are arrested because you are a CI can put your life and the life of your loved ones in danger. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. 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. A person shall not knowingly: 1. This field is for validation purposes and should be left unchanged. You will not be able to notice the marks. Therefore, they wont be able to provide any information. But in either language, his story is the same. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. 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. 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, He also helped crack a major international cigarette smuggling ring. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Matthew and his team made calls and were very persistent. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. How Do You Beat a Drug Trafficking Charge in Florida? The problem is that there is no one to police the police. Terms of Service apply. confidential relationship is or should be formed by use of the site. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Fabricating a confidential informant can lead to dire consequences. 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. The agency began deportation proceedings with the intention of sending him back to Mexico. His performance in court was outstanding and gave me a big victory. And Lalo was with them. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. And gaining a better understanding of what motivates people takes time. To the U.S. government, he was officially informant No. 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 relationship. 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. 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. The killings in Juarez took place more than six years ago. 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. 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. Then, at trial, the Government calls the . It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. hide caption. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Possess or use a dangerous drug. Understanding motive and motivation. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. %%EOF
"He would say, 'We're going to have a barbecue.' . 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. 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. "And you have to act like a criminal.". If you agree to work with the FBI, you will be . "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). The high court held that reliance on informant testimony implicates . A common myth that is absolutely not true is that confidential informants do not testify in trials. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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. Here in Mexico, there is no justice, only impunity," Magana says. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Call 954-845-0505 today. 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. The government does not have the resources or time to do this. Possibly, yes. There are several ways to become an FBI informant. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. and Raul Loya The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 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. Contact Susan Williams today for a free consultation. For now, he said, jail is better than the fate he faces in Mexico. He says that the agency's guidelines for using confidential informants are sound. Visit our attorney directory to find a lawyer near you who can help. But it wasn't just the people of Juarez who were outraged. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. NPR went there with veteran Juarez crime reporter Carlos Huerta. What Are the Different Types of Injunctions in Florida? A responsive, knowledgeable and skilled attorney. This is the first time that Bencomo has talked publicly. 129 14
Share sensitive information only on official, secure websites. See are article relating to Missouri's witness protection program and the lack of uptake. It often comes to light that things may not be as they seem and this can greatly help your defense. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. And the devices are constantly evolving and improving. And the CI must answer the question truthfully or else possibly face sanctions in court. Martindale-Hubbell validates that a reviewer is a person with a valid email address. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. 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. Eventually, a dozen bodies were unearthed at the site. trailer
"This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 5 Factors Courts Will Consider. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. ZIP there are basically two types of police investigation, reactive and proactive. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . 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. In general, the Government goes to great lengths to not reveal the identity of snitches. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. 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. You may feel you are being watched. 0000000966 00000 n
However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. for the objects of police raids if things go awry. 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. Bencomo was the only one fired as a result of the Lalo fiasco. he says. 1 ANSWER. It is not like the old school movies where you can see a wire taped under someones shirt. In my mind, he was given a license to kill. The government could decide to charge someone who does that with obstruction of justice, among other things. In any case, the outcome will most likely benefit you as the defendant. 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. 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. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Lalo wasn't looking to make a deal. The more specific and detailed, the more likely a court is to accept a CI's information. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Secure .gov websites use HTTPS Lawyers from our extensive network are ready to answer your question. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. What are the different Martindale-Hubbell Peer Review Ratings?*. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Courtesy Texas DMV, U.S. D.O.J. 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. 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. Understanding an informants motives for providing information is fundamental to managing them effectively. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. It is ugly. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 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. This is something that can be used to impeach him when he testifies. "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. The memo stated that those rules would be part of a new policy handbook. If CIs were public record, it would put their lives in danger and the lives of their loved ones. We called after our son was arrested for a crime he committed nearly 9 months earlier. Details for individual reviews received before 2009 are not displayed. 5. 0000017403 00000 n
The CI will contact you or maybe you contact the CI. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. 0000000576 00000 n
CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. 3 man in the Juarez cartel. 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? How credible is the confidential informant? As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. "It hit me like cold water in the face; it just feels terrible. He explained to my husband and I what my son was facing. 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. There are legal defenses available to you. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. No, the identity of informants are not public record. It hit me like cold water in the face; it just feels terrible. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Confidentiality is what makes the informant valuable. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Fortunately we have done it for you. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 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. The information may prove to relate to exculpatory evidence. 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. You must have an associate's degree and a bachelor's degree in the relevant areas. It can also be risky for the prosecution if they must give the CIs identity to the defense later. The best way to beat the system and stay out of prison is don't break the law. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". But she did. Law enforcement may keep threatening jail or charges unless you work one more deal for them. AV Preeminent: The highest peer rating standard. Secondly, know all the versions of the s. The CI may be required to testify in a trial of the person they are snitching on. Every day that passes is another day that the prosecutors office is working to secure your guilt. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Lalo has been in solitary confinement for more than five years. 0000000884 00000 n
"I don't know if they are going to keep me here for the rest of my life," he said. 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 . Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. startxref
The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Law enforcement will often corroborate a CI's information with consistent observations by officers. 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. After all, the average CI is a 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. Copyright 2023 Weinstein Legal. 0000001094 00000 n
When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. He is the best !! So how can a court find a CI's testimony to be credible? If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Gonzalez lodged a complaint against ICE. Absolutely. Criminal defense attorneys have a host of tools to do this. The CI is assigned a CI number and agrees to provide information about your case to the police. 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Guadalupe Juarez/AFP/Getty Images He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. The CI may be charged with a serious drug (or other) criminal offense. It has been dubbed the House of Death. Do not allow any of these things to happen to you. You may not see or notice the police. What Is the Difference between Kidnapping and False Imprisonment. Courtesy Texas DMV, U.S. D.O.J. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. The pros and cons of being a confidential informant. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate.
