Contact us. The identity of the CI can be necessary to a Defendants defense in their criminal case. 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. He's clean-cut and clearly educated. The killings in Juarez took place more than six years ago. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. How Much Jail Time for Felony Grand Theft? listings on the site are paid attorney advertisements. The true identity of a confidential informant should be strictly limited to an identified number of people. 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. Mathew did an amazing job in court. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Courtesy Texas DMV, U.S. D.O.J. 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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. hide caption. Martindale-Hubbell validates that a reviewer is a person with a valid email address. 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? "So where are we going to find any help if we can't trust the U.S.?". ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. "I don't know if they are going to keep me here for the rest of my life," he said. Visit https://www.gustitislaw.com for more information about inform. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. An official website of the United States government, Department of Justice. 0000001889 00000 n Your access of/to and use Possibly, yes. To the U.S. government, he was officially informant No. 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. 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. His performance in court was outstanding and gave me a big victory. 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. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. 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). Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. It depends. 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. "I believe in some kind of justice, and I think I was doing something good," he said. 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. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Fortunately we have done it for you. The reason for this is the police use the CI to gain probable cause for your arrest. he really cares and goes beyond 100% to help his clients. 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. Believe it or not it is legal for law enforcement to pay a government snitch! NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. His sincerity, empathy and commitment to advocating on my behalf were apparent. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. ZIP 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. and Raul Loya Confidential informants people who pose. Confidentiality is what makes the informant valuable. Call 954-845-0505 any time, day or night, to speak with a member of our team. How credible is the confidential informant? Details for individual reviews received before 2009 are not displayed. Understanding motive and motivation. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. 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. 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. 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. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. We found ourselves against all odds. 0000000016 00000 n 0000001712 00000 n For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Supplemental Terms. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. 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. No, the identity of informants are not public record. You may feel trapped by serving as a Government informant. 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. abstract. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. %%EOF No one. These guys are El Paso's version of the Keystone Kops," Loya says. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. For now, he said, jail is better than the fate he faces in Mexico. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. A responsive, knowledgeable and skilled attorney. 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. Those are . Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. All these only go to reinforce stereotypes. In this hour of need and when this medical pro Mat was such a relief to our family! 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 police have the upper hand on CIs. AV Preeminent: The highest peer rating standard. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. However, this does not have to be the case. A Bureau of Justice Assistance Monograph. 0000001540 00000 n "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.". Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. advice, does not constitute a lawyer referral service, and no attorney-client or 913, though most called him by the nickname Lalo. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. But during our interview, ICE said that handbook still isn't finished. reCAPTCHA and the Google Privacy Policy and But as that investigation started, ICE's prized snitch came under suspicion. What Is the Difference between Kidnapping and False Imprisonment. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Law enforcement will often corroborate a CI's information with consistent observations by officers. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. It is not like the old school movies where you can see a wire taped under someones shirt. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. 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. For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? What Are the Different Types of Injunctions in Florida? 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. 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. confidential relationship is or should be formed by use of the site. Confidential Informants can never be 100% protected by the Government or anyone else. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 0000018883 00000 n The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. A still from a video in which Lalo talks about his case. The majority of informants are those working off their own cases. The recording devices used have become very sophisticated and are virtually undetectable. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. 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. The government does not have the resources or time to do this. 913, though most called him by the nickname Lalo. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Our son was distraught and frightened and Matt was very reassuring and supportive. 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. 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. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. 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. The guidelines can be used to develop or revise written directives for using and managing informants. Police and prosecutors generally want to keep the identity of their CI a secret. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Bencomo says Lalo was different from other informants. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. It just made me sick. and Raul Loya The pros and cons of being a confidential informant. But Bencomo stayed on, and so did Lalo. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. An attorney may help you weigh your options. An exchange for leniency in the charges against the informant generally occurs in these situations. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. To the U.S. government, he was officially informant No. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Do not wait to start working on your defense. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Share sensitive information only on official, secure websites. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.".
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