Absolutely. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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. This is a common issue people face when working as CIs. Fortunately we have done it for you. The identity of the CI can be necessary to a Defendants defense in their criminal case. I took the recording and I told my supervisor that I didn't wish to be part of the case. 0000000576 00000 n 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. It depends. 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. He explained to my husband and I what my son was facing. Criminal defense attorneys have a host of tools to do this. To the U.S. government, he was officially informant No. and Raul Loya 913, though most called him by the nickname Lalo. ICE says the fault lies with former agent Bencomo, Lalo's handler. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Call 954-845-0505 any time, day or night, to speak with a member of our team. Informants. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Read More >>. 0000018883 00000 n An official website of the United States government, Department of Justice. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. However, this does not have to be the case. 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. Timeline: An ICE Informant Run Amok Or Mishandled? And he didn't need the money he was already making plenty in Juarez's drug trade. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. To the U.S. government, he was officially informant No. However, the above measures are extra insurance for the police, they are not required. 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. %PDF-1.3 % 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. 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. 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. 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. 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. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. 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. It is ugly. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. reCAPTCHA and the Google Privacy Policy and 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. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. Informants nationwide end up beaten, tortured and dead once they're found out. Login. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. xref In this hour of need and when this medical pro Mat was such a relief to our family! For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Do not allow any of these things to happen to you. Distinguished: An excellent rating for a lawyer with some experience. NPR went there with veteran Juarez crime reporter Carlos Huerta. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. 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. This is something that can be used to impeach him when he testifies. 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. How Do You Beat a Drug Trafficking Charge in Florida? A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Anyone considering being a CI should first talk to a criminal defense attorney. It all depends on the facts of your case. ICE says it learned some lessons dealing with Lalo. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. Once the government uses you as a CI, they can be done with you. But in either language, his story is the same. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. hide caption. The required areas are criminal justice, law enforcement, police science, etc. But that is the sobering truth of being a CI. Are Confidential Informants Credible? Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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. The best way to beat the system and stay out of prison is don't break the law. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. and Raul Loya Confidential informants people who pose. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. "And you have to act like a criminal.". "What is wrong with this picture?". A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. We came back night after night to see how many they dug up.". In the end the police are working for the government and you are left holding the bag. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. The CI may be charged with a serious drug (or other) criminal offense. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Then, at trial, the Government calls the . Our son was distraught and frightened and Matt was very reassuring and supportive. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. You cant enforce these agreements or conversations. "It was so horrible. Visit https://www.gustitislaw.com for more information about inform. Ashok Dhamija 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. 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. 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, Copyright 2023 MH Sub I, LLC dba Internet Brands. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 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". Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Schedule a free consultation today. 0 . If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. The CI may be wearing a wire or recording device. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. <<59BC4FB09E3701468D15B956FB86861C>]>> Gonzalez lodged a complaint against ICE. 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. In general, the Government goes to great lengths to not reveal the identity of snitches. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. It just made me sick. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Thank you Mathew!! There may be other reasons why the identity of the CI will be revealed. Bencomo says the agents were told that Santillan was the No. 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. Every day that passes is another day that the prosecutors office is working to secure your guilt. Thus, a court needs some basis for a CI's allegations. 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. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. There must be some legal guarantee that a CI's info is good. This may result in longer prison sentences and larger fines associated with a conviction. 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. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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? Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. You may feel you are being watched. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. Terms of Service apply. in the former, a crime is reported to the police and an investigation is initiated; in the latter . A Bureau of Justice Assistance Monograph. "There were these code words that the bosses would say to Lalo," Huerta says. It is possible to beat drug trafficking charges. Learn more 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 team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. Drug smuggling turned out to be the least of Lalo's exploits. Yes, in some circumstances the police will pay a person to be a CI. 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. 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. 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. 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. 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. Understanding motive and motivation. Criminal Defense Attorney in Philadelphia. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. As with most things in the legal world, knowing how to beat a CI depends on your case. It is not like the old school movies where you can see a wire taped under someones shirt. It is important for law enforcement to protect the credibility of the informant as much as possible. After all, the average CI is a A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Lawyers from our extensive network are ready to answer your question. A still from a video in which Lalo talks about his case. An attorney may help you weigh your options. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. Matthew and his team made calls and were very persistent. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. Law enforcement may keep threatening jail or charges unless you work one more deal for them. 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 tape, Lalo looks more like a victim than a drug thug. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. 2. Understanding an informants motives for providing information is fundamental to managing them effectively. startxref "Are you kidding me? "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. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. 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. "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.". 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Therefore, they wont be able to provide any information. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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, Marvin Christensen @MarvinChristensen988. 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. 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. 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. Do not wait to start working on your defense. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 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. 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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. He says Lalo was the keeper of the keys. Martindale-Hubbell validates that a reviewer is a person with a valid email address. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. The killings in Juarez took place more than six years ago. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. And the devices are constantly evolving and improving. 142 0 obj<>stream If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. "In my mind, he was given a license to kill.".