CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Put crudely . In the end the police are working for the government and you are left holding the bag. 129 14 Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. He also tried to get Congress to investigate, but that went nowhere. 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. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Understanding motive and motivation. 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. Courtesy Texas DMV, U.S. D.O.J. 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. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. The majority of informants are those working off . But he had his reasons for informing on the drug gang. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Being a CI is a very dangerous, risky endeavor. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 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. 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. This is a common issue people face when working as CIs. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. 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. This is something that can be used to impeach him when he testifies. 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. 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. Yes, a felon can be an informant. Anyone considering being a CI should first talk to a criminal defense attorney. I took the recording and I told my supervisor that I didn't wish to be part of the case. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 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. 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. Answer (1 of 5): The first thing you need to do is know your enemy. 913, though most called him by the nickname Lalo. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. "It hit me like cold water in the face; it just feels terrible. The CI may be wearing a wire or recording device. reCAPTCHA and the Google Privacy Policy and You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. The crux revolves around the confidential part of the confidential informant. I would recommend Justin without reservation to anyone seeking representation. 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? His handlers did well, too. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. You may not see or notice the police. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. 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, Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. And he didn't need the money he was already making plenty in Juarez's drug trade. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. The CI must provide 100% honest information. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 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). 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. 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 monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. We called after our son was arrested for a crime he committed nearly 9 months earlier. Saying they have a CI may be a cover for ill-gotten evidence and information. 0000000966 00000 n Learn more For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. Human motives and motivation is a complex subject with many competing theories. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. abstract. Criminal defense attorneys have a host of tools to do this. Bencomo was the only one fired as a result of the Lalo fiasco. His performance in court was outstanding and gave me a big victory. 142 0 obj<>stream It just made me sick. 913, though most called him by the nickname Lalo. The amount of a drug for which trafficking charges are applicable varies depending on the substance. In general, the Government goes to great lengths to not reveal the identity of snitches. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. %PDF-1.3 % This site is protected by Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. LockA locked padlock 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. Identities should be stored in a system with the highest level of security and with Role Based Access Control. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . "I really was doing something good," he said. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. The true identity of a confidential informant should be strictly limited to an identified number of people. "In my mind, he was given a license to kill.". However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. 0000001273 00000 n 2. I couldn't believe it," says the DEA's Sandalio Gonzalez. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. These guys are El Paso's version of the Keystone Kops," Loya says. An exchange for leniency in the charges against the informant generally occurs in these situations. Those are . **This website is meant to provide meaningful information, but does not create an attorney-client relationship. The government does not have the resources or time to do this. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Penalties for Drug Possession Charges as a Minor. In any case, the outcome will most likely benefit you as the defendant. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. startxref In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. "It was so horrible. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Gonzalez lodged a complaint against ICE. 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). Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 0000017403 00000 n You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. It's also the least painful and expensive. Lawyers from our extensive network are ready to answer your question. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. There may be other reasons why the identity of the CI will be revealed. The content of the responses is entirely from reviewers. Skip to content. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. listings on the site are paid attorney advertisements. It all depends on the facts of your case. It has been dubbed the House of Death. Courtesy Texas DMV, U.S. D.O.J. The monograph is organized around the confidential informant's employment . If CIs were public record, it would put their lives in danger and the lives of their loved ones. <<59BC4FB09E3701468D15B956FB86861C>]>> Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. He also helped crack a major international cigarette smuggling ring. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Yes, a felon can be an informant. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. Why did the chicken cross the road ? In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. The CI will likely be paying with marked money. 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. The police can use information gained from the CI about you that the Government can use when prosecuting your case. 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. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Contact us. This video explains the risks and benefits of working as a police confidential informant. Lalo has been in solitary confinement for more than five years. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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. 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 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. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. How Can Mitigation Help Get Me The Lowest Possible Sentence? His sincerity, empathy and commitment to advocating on my behalf were apparent. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. He's clean-cut and clearly educated. Possess a dangerous drug for sale. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. The memo stated that those rules would be part of a new policy handbook. 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. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. You order drugs from the CI. 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. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. That's all I'm doing right now.". 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. You will not be able to notice the marks. Police and prosecutors generally want to keep the identity of their CI a secret. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. The police have the upper hand on CIs. 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. You deserve the same chance at having an excellent legal defense. Guadalupe Juarez/AFP/Getty Images A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. However, you need a tireless defense team fighting on your behalf. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). about FindLaws newsletters, including our terms of use and privacy policy. The recording devices used have become very sophisticated and are virtually undetectable. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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. 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 . The feds paid Lalo well: nearly $250,000 over four years. 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. 3 man in the Juarez cartel. Choosing the right attorney can be the most important step youll ever take. Sign up. Call 954-845-0505 today. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. An official website of the United States government, Department of Justice. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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. A responsive, knowledgeable and skilled attorney. 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 more specific and detailed, the more likely a court is to accept a CI's information. "And you have to act like a criminal.". he says. The attorney Active listening for police - a skill for conflict avoidance. A common myth that is absolutely not true is that confidential informants do not testify in trials. 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". 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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. In this hour of need and when this medical pro Mat was such a relief to our family! To the U.S. government, he was officially informant No. Confidentiality is what makes the informant valuable. 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. 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. and Raul Loya Confidential informants people who pose. The reason for this is the police use the CI to gain probable cause for your arrest. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Ashok Dhamija %%EOF They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. But during our interview, ICE said that handbook still isn't finished. 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. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Copyright 2023 Weinstein Legal. Possess or use a dangerous drug. There are several ways to become an FBI informant. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. 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. He is the best !! It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. 913, though most called him by the nickname Lalo. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Visit https://www.gustitislaw.com for more information about inform. Your access of/to and use For a free legal consultation, call 215.515.3360. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. But as that investigation started, ICE's prized snitch came under suspicion. If youre worried about how to beat a confidential informant, let the, represent you. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. This story was produced for broadcast by Marisa Penaloza. 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. There are two opportunities to find out the identity of a confidential informant: before and during trial. The CI is searched before and after the deal by the police. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Confidential informants arent the same as anonymous sources or tipsters. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority.