It all depends on the facts of your case. Here in Mexico, there is no justice, only impunity," Magana says. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 3 man in the Juarez cartel. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Fortunately we have done it for you. How Can Mitigation Help Get Me The Lowest Possible Sentence? The information provided on this site is not legal We came back night after night to see how many they dug up.". This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Saying they have a CI may be a cover for ill-gotten evidence and information. This is the first time that Bencomo has talked publicly. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. he really cares and goes beyond 100% to help his clients. Lalo said his actions were necessary to maintain his cover. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The feds paid Lalo well: nearly $250,000 over four years. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. However, this does not have to be the case. Stay up-to-date with how the law affects your life. 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. He also tried to get Congress to investigate, but that went nowhere. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. The guidelines can be used to develop or revise written directives for using and managing informants. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Can a felon be a confidential informant? The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. I couldn't believe it," says the DEA's Sandalio Gonzalez. But it wasn't just the people of Juarez who were outraged. The crux revolves around the confidential part of the confidential informant. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Is a Confidential Informant Truthful? But in Lalo's case, he says, rogue agents didn't properly follow them. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. %PDF-1.3 % 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. 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 in either language, his story is the same. A common myth that is absolutely not true is that confidential informants do not testify in trials. The police have the upper hand on CIs. AV Preeminent: The highest peer rating standard. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. and Raul Loya. 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. Mathew is really eloquent and smart. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The attorney Absolutely. Drug smuggling turned out to be the least of Lalo's exploits. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. 0000001712 00000 n "Are you kidding me? The memo stated that those rules would be part of a new policy handbook. 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. 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. Yes, a felon can be an informant. 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. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Your access of/to and use Confidential informants arent the same as anonymous sources or tipsters. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. "I was shocked. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. The Drug Enforcement Administration blacklisted him. 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. 0000032339 00000 n You deserve the same chance at having an excellent legal defense. The most common way to become an FBI informant is to be approached by the FBI. Lalo wasn't looking to make a deal. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. abstract. Yes, in some circumstances the police will pay a person to be a CI. "There were these code words that the bosses would say to Lalo," Huerta says. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. 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 . Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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. The police can use information gained from the CI about you that the Government can use when prosecuting your case. "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.". Choosing the right attorney can be the most important step youll ever take. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Put crudely . 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. This field is for validation purposes and should be left unchanged. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. 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). A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. There are legal defenses available to you. 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? Active listening for police - a skill for conflict avoidance. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. To the U.S. government, he was officially informant No. As with most things in the legal world, knowing how to beat a CI depends on your case. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. The CI must provide 100% honest information. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 0000001540 00000 n "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. This may result in longer prison sentences and larger fines associated with a conviction. Gonzalez lodged a complaint against ICE. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Confidentiality is what makes the informant valuable. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Distinguished: An excellent rating for a lawyer with some experience. 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. Lalo's information was on the mark. How Much Jail Time for Felony Grand Theft? It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. 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. And the devices are constantly evolving and improving. 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? But he had his reasons for informing on the drug gang. Bencomo says Lalo was different from other informants. The information may prove to relate to exculpatory evidence. To the U.S. government, he was officially informant No. 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). In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. 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. Secondly, know all the versions of the s. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Our consultant Dr John Buckley will be. 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. 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 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. Guadalupe Juarez/AFP/Getty Images Eventually, a dozen bodies were unearthed at the site. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Guadalupe Juarez/AFP/Getty Images 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. 0 Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Call 954-845-0505 any time, day or night, to speak with a member of our team. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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. You may not see or notice the police. Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople.