How Many Years Ago Was The 10th Century Bc, Luxury Townhomes Nashville, Tn For Rent, Difference Between Achluophobia And Nyctophobia, Articles H

Police techniques for recruiting and running informants revealed A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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. How to discredit a confidential informant during a criminal trial - Quora xb```Il@r/ 0! 913, though most called him by the nickname Lalo. His handlers did well, too. Guadalupe Juarez/AFP/Getty Images You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. "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.". Can a felon be a confidential informant? Visit our attorney directory to find a lawyer near you who can help. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Criminal Defense Attorney in Philadelphia. CONFIDENTIAL INFORMANTS - Official FBIretired Website A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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. 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. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Courtesy Texas DMV, U.S. D.O.J. A Bureau of Justice Assistance Monograph. It is ugly. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. The government does not have the resources or time to do this. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. [It is only available to law enforcement.]. The reason for this is the police use the CI to gain probable cause for your arrest. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. So how can a court find a CI's testimony to be credible? 0000000884 00000 n Confidential Informant Testifies as Government Witness. There are two opportunities to find out the identity of a confidential informant: before and during trial. 2. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. 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. For a quick fix solution Wikipedia provides a list of potential motivations. Once the case was done, ICE was also done with Lalo. In all, there were 12 victims. Saying they have a CI may be a cover for ill-gotten evidence and information. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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. "It was so horrible. This field is for validation purposes and should be left unchanged. 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. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. ZIP Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Schedule a free consultation today. All rights reserved. The CI may be required to testify in a trial of the person they are snitching on. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Saying they have a CI may be a cover for ill-gotten evidence and information. hide caption. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Throughout, he maintained consistent communication each step of the way until my case was resolved. Lalo said his actions were necessary to maintain his cover. But that is the sobering truth of being a CI. 913, though most called him by the nickname Lalo. But in either language, his story is the same. Official websites use .gov Read More >>. Put crudely . If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The amount of a drug for which trafficking charges are applicable varies depending on the substance. The memo stated that those rules would be part of a new policy handbook. The CI may be charged with a serious drug (or other) criminal offense. To the U.S. government, he was officially informant No. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. CONFIDENTIAL INFORMANT | Office of Justice Programs Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". In general, the Government goes to great lengths to not reveal the identity of snitches. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. We will review the facts surrounding your unique case and provide you with honest answers. 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 person shall not knowingly: 1. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Terms of Service apply. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. The Client Review Rating score is determined through the aggregation of validated responses. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. The problem is that there is no one to police the police. 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 the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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, It can also be risky for the prosecution if they must give the CIs identity to the defense later. Gonzalez lodged a complaint against ICE. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. How To Find Out If Someone Is A Police Informant That's all I'm doing right now.". Some informants have personalities that make them difficult to manage. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. The CI must provide 100% honest information. There may be cameras in the location that the deal takes place. Confidential Informants > JAG Reporter > Article View Post 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. Lawyers from our extensive network are ready to answer your question. 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. A few other articles found on the internet will give an expanded version of that list. 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. 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Thank you Mathew!! A simple he-said-she-said backed up with no observations won't be worth much in court. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Skip to content. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Copyright 2023 Weinstein Legal. And the devices are constantly evolving and improving. Call 954-845-0505 today. There are legal defenses available to you. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. But this is nearly non-existent in state cases and rare, at best, in federal cases. xref The CI may do controlled buys. This means that the CI will have an agreement with the police. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' And Lalo was with them. No one. Every day that passes is another day that the prosecutors office is working to secure your guilt. There must be some legal guarantee that a CI's info is good. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. He also helped crack a major international cigarette smuggling ring. The killings in Juarez took place more than six years ago. 0000001712 00000 n 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. Highlight information that would indicate their dishonesty or bias. LockA locked padlock ICE says the fault lies with former agent Bencomo, Lalo's handler. My reservations were quickly eased during my initial consultation. "He would say, 'We're going to have a barbecue.' Login. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Confidential Informants can never be 100% protected by the Government or anyone else. The state will do its best to not reveal the identity of the CI. Choosing the right attorney can be the most important step youll ever take. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Motives and Motivations of Confidential Informants "It just made me sick," he says. 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. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices Among the victims were two U.S. residents. 5. It hit me like cold water in the face; it just feels terrible. Contact us. How experts say to reform the confidential informant - KSAT Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Being a CI is a very dangerous, risky endeavor. "I really was doing something good," he said. Police and prosecutors generally want to keep the identity of their CI a secret. 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. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. 0000001094 00000 n Our son was distraught and frightened and Matt was very reassuring and supportive. But it wasn't just the people of Juarez who were outraged. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. This is very wrong and a misconception. 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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. How to Beat a Drug Trafficking Charge in Florida 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. Mathew is really eloquent and smart. All rights reserved.|Disclaimer|Privacy policy. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. "I had to go to the restroom and throw up. How Do You Beat a Drug Trafficking Charge in Florida? For a free legal consultation, call 215.515.3360. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Contributing to the Delinquency of a Minor. Protecting confidential informant identities -breaches risk lives He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Here in Mexico, there is no justice, only impunity. This site is protected by He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. Drug smuggling turned out to be the least of Lalo's exploits. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Becoming an Informant | Office of Justice Programs What Is the Difference between Kidnapping and False Imprisonment. This is something that can be used to impeach him when he testifies. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.