You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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? 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). To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 142 0 obj<>stream 0000000576 00000 n Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 3. 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. This video explains the risks and benefits of working as a police confidential informant. Call 954-845-0505 today. The feds paid Lalo well: nearly $250,000 over four years. 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. 1 ANSWER. The police have the upper hand on CIs. So where are we going to find any help if we can't trust the U.S.? But during our interview, ICE said that handbook still isn't finished. Every day that passes is another day that the prosecutors office is working to secure your guilt. Answer (1 of 5): The first thing you need to do is know your enemy. The majority of informants are those working off their own cases. 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. A .gov website belongs to an official government organization in the United States. 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. On the tape, Lalo looks more like a victim than a drug thug. The memo stated that those rules would be part of a new policy handbook. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Even with the promise of payment, the decision to become a CI is very dangerous. This website is for general informational purposes only. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. he really cares and goes beyond 100% to help his clients. 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. ICE says it learned some lessons dealing with Lalo. Then, at trial, the Government calls the . Guadalupe Juarez/AFP/Getty Images The required areas are criminal justice, law enforcement, police science, etc. 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. listings on the site are paid attorney advertisements. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. A common myth that is absolutely not true is that confidential informants do not testify in trials. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. 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. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. It depends. 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". 5 Factors Courts Will Consider. 6. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. I would recommend Justin without reservation to anyone seeking representation. 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. 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. The pros and cons of being a confidential informant. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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. "I believe in some kind of justice, and I think I was doing something good," he said. 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. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. Timeline: An ICE Informant Run Amok Or Mishandled? 0000018883 00000 n ) or https:// means youve safely connected to the .gov website. You may not see or notice the police. . 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. 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. The CI may be wearing a wire or recording device. 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. Confidential Informant Testifies as Government Witness. In any case, the outcome will most likely benefit you as the defendant. LockA locked padlock The government does not have the resources or time to do this. The killings in Juarez took place more than six years ago. Our consultant Dr John Buckley will be. Throughout, he maintained consistent communication each step of the way until my case was resolved. Eventually, a dozen bodies were unearthed at the site. The CI is searched before and after the deal by the police. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. hide caption. The amount of a drug for which trafficking charges are applicable varies depending on the substance. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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. 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. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. His sincerity, empathy and commitment to advocating on my behalf were apparent. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Demonstrate any past instances of false or invalidated evidence or information they have provided. he says. Contact us. Stay up-to-date with how the law affects your life. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. A lock ( Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. And gaining a better understanding of what motivates people takes time. Martindale-Hubbell validates that a reviewer is a person with a valid email address. "I had to go to the restroom and throw up. You deserve the same chance at having an excellent legal defense. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Believe it or not it is legal for law enforcement to pay a government snitch! Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Sign up. After all, the average CI is a there are basically two types of police investigation, reactive and proactive. Confidential informants arent the same as anonymous sources or tipsters. Both federal and state law enforcement officers use confidential informants. The state will do its best to not reveal the identity of the CI. 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. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. 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. An attorney may help you weigh your options. Informants nationwide end up beaten, tortured and dead once they're found out. Courtesy Texas DMV, U.S. D.O.J. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Police and prosecutors generally want to keep the identity of their CI a secret. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. As with most things in the legal world, knowing how to beat a CI depends on your case. Bencomo was the only one fired as a result of the Lalo fiasco. How Do You Beat a Drug Trafficking Charge in Florida? 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. 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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 . A. "There were these code words that the bosses would say to Lalo," Huerta says. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Can a felon be a confidential informant? If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. Once I reached out to Matt he was back in touch within the hour. And he didn't need the money he was already making plenty in Juarez's drug trade. There are legal defenses available to you. To the U.S. government, he was officially informant No. Meeting with a lawyer can help you understand your options and how to best protect your rights. This may result in longer prison sentences and larger fines associated with a conviction. 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. abstract. The information may prove to relate to exculpatory evidence. 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. 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. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. xref Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 0000001273 00000 n A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. Bencomo says Lalo was different from other informants. Understanding motive and motivation. 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. This is the first time that Bencomo has talked publicly. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. It is possible to beat drug trafficking charges. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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. But Bencomo stayed on, and so did Lalo. 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. The high court held that reliance on informant testimony implicates . Copyright 2023 MH Sub I, LLC dba Internet Brands. Saying they have a CI may be a cover for ill-gotten evidence and information. It is not like the old school movies where you can see a wire taped under someones shirt. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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. "In my mind, he was given a license to kill.". Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. "It hit me like cold water in the face; it just feels terrible. Confidential Informants can never be 100% protected by the Government or anyone else. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Possibly, yes. Official websites use .gov 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.
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