The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Some informants have personalities that make them difficult to manage. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. But Bencomo stayed on, and so did Lalo. 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. Guadalupe Juarez/AFP/Getty Images Sign up. For now, he said, jail is better than the fate he faces in Mexico. The pros and cons of being a confidential informant. Jeralyn Elise Merritt (Unclaimed Profile). A still from a video in which Lalo talks about his case. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. We contacted our attorney in the state where we live and he recommended Matt to us. Secondly, know all the versions of the s. It is not like the old school movies where you can see a wire taped under someones shirt. Thank you Mathew!! Secure .gov websites use HTTPS 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. Visit our attorney directory to find a lawyer near you who can help. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. The CI will contact you or maybe you contact the CI. 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. Here in Mexico, there is no justice, only impunity," Magana says. listings on the site are paid attorney advertisements. 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. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. This story was produced for broadcast by Marisa Penaloza. In any case, the outcome will most likely benefit you as the defendant. 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. "I really was doing something good," he said. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. How credible is the confidential informant? My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. advice, does not constitute a lawyer referral service, and no attorney-client or A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. LockA locked padlock A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. 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. Fabricating a confidential informant can lead to dire consequences. 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). 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. The CI may be wearing a wire or recording device. Confidential Informant Testifies as Government Witness. Bencomo says the agents were told that Santillan was the No. Drug smuggling turned out to be the least of Lalo's exploits. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Then, at trial, the Government calls the . In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. I took the recording and I told my supervisor that I didn't wish to be part of the case. This website is for general informational purposes only. Details for individual reviews received before 2009 are not displayed. No, the identity of informants are not public record. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. The content of the responses is entirely from reviewers. 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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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, Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Identities should be stored in a system with the highest level of security and with Role Based Access Control. 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. hide caption. A responsive, knowledgeable and skilled attorney. 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. Our son was distraught and frightened and Matt was very reassuring and supportive. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." and Raul Loya You will not be able to notice the marks. In the end the police are working for the government and you are left holding the bag. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. Read More >>. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. This video explains the risks and benefits of working as a police confidential informant. "I was shocked. And the CI must answer the question truthfully or else possibly face sanctions in court. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. (The capacity for telling lies is called "mendacity," in case you were wondering.) 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. Courtesy Texas DMV, U.S. D.O.J. "It was so horrible. With every new body, the smell would hit us it was horrible. Marvin Christensen @MarvinChristensen988. of this site is subject to additional This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. 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. Choosing the right attorney can be the most important step youll ever take. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. The Client Review Rating score is determined through the aggregation of validated responses. Call 954-845-0505 any time, day or night, to speak with a member of our team. Copyright 2023 Weinstein Legal. 0000000884 00000 n code or county). If CIs were public record, it would put their lives in danger and the lives of their loved ones. 0000000966 00000 n A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. The CI is assigned a CI number and agrees to provide information about your case to the police. 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Is a Confidential Informant Truthful? 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. Believe it or not it is legal for law enforcement to pay a government snitch! A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. To the U.S. government, he was officially informant No. We found ourselves against all odds. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Being a CI is a very dangerous, risky endeavor. All rights reserved. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Official websites use .gov AV Preeminent: The highest peer rating standard. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. So where are we going to find any help if we can't trust the U.S.? ZIP Those are . 0000017958 00000 n Yes, in some circumstances the police will pay a person to be a CI. 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. 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. It is possible to beat drug trafficking charges. There should be an audit trail detail who has seen the true identity and when they saw it. I took the recording and I told my supervisor that I didn't wish to be part of the case.". In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Contributing to the Delinquency of a Minor. The police can use information gained from the CI about you that the Government can use when prosecuting your case. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 3. "That was the first incident that I ever came across that he was working both sides," Bencomo says. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Once the case was done, ICE was also done with Lalo. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 0000032339 00000 n Once the government uses you as a CI, they can be done with you. We came back night after night to see how many they dug up.". Lalo said his actions were necessary to maintain his cover. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. he really cares and goes beyond 100% to help his clients. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 0000017403 00000 n Answer (1 of 5): The first thing you need to do is know your enemy. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Demonstrate any past instances of false or invalidated evidence or information they have provided. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. He's clean-cut and clearly educated. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. there are basically two types of police investigation, reactive and proactive. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 913, though most called him by the nickname Lalo. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. The guidelines can be used to develop or revise written directives for using and managing informants. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. Courtesy Texas DMV, U.S. D.O.J. 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. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Fortunately we have done it for you. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Anyone considering being a CI should first talk to a criminal defense attorney. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. 0000000016 00000 n Martindale-Hubbell validates that a reviewer is a person with a valid email address. The high court held that reliance on informant testimony implicates . But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. But in Lalo's case, he says, rogue agents didn't properly follow them. Yes, a felon can be an informant. Human motives and motivation is a complex subject with many competing theories. If you agree to work with the FBI, you will be . 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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. ) or https:// means youve safely connected to the .gov website. Highlight information that would indicate their dishonesty or bias. The CI must provide 100% honest information. But in either language, his story is the same. There are several ways to become an FBI informant. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. "What is wrong with this picture?". All rights reserved.|Disclaimer|Privacy policy. His performance in court was outstanding and gave me a big victory. Can a felon be a confidential informant? 3 man in the Juarez cartel. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. 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. Share sensitive information only on official, secure websites. However, this does not have to be the case. My reservations were quickly eased during my initial consultation. And Lalo was with them. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Schedule a free consultation today. Raul Bencomo, then an agent with U.S. Customs, assigned code No. How Can Mitigation Help Get Me The Lowest Possible Sentence? 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. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 129 14 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. The more specific and detailed, the more likely a court is to accept a CI's information. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. Police and prosecutors generally want to keep the identity of their CI a secret. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Even with the promise of payment, the decision to become a CI is very dangerous. Informants nationwide end up beaten, tortured and dead once they're found out. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. "We stayed there all night and watched as they pulled out bodies," Magana says. But this is nearly non-existent in state cases and rare, at best, in federal cases. 0000032775 00000 n The agency began deportation proceedings with the intention of sending him back to Mexico. All these only go to reinforce stereotypes. He explained to my husband and I what my son was facing. Guadalupe Juarez/AFP/Getty Images 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 only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 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. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". **This website is meant to provide meaningful information, but does not create an attorney-client relationship. This site is protected by The attorney These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail.
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