It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. The agency began deportation proceedings with the intention of sending him back to Mexico. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. To the U.S. government, he was officially informant No. 0000000884 00000 n The use of informants by police is essentially unregulated by the courts. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. In my mind, he was given a license to kill. Confidential Informants can never be 100% protected by the Government or anyone else. (The capacity for telling lies is called "mendacity," in case you were wondering.) Absolutely. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 129 14 Confidentiality is what makes the informant valuable. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . 0000000966 00000 n To the U.S. government, he was officially informant No. and Raul Loya. The CI will likely be paying with marked money. 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. This video explains the risks and benefits of working as a police confidential informant. 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. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. "It hit me like cold water in the face; it just feels terrible. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. This decision can affect you and others for the rest of your life. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Are Confidential Informants Credible? Once I reached out to Matt he was back in touch within the hour. abstract. There may be cameras in the location that the deal takes place. %PDF-1.3 % 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. How credible is the confidential informant? 0000001889 00000 n Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Lawyers from our extensive network are ready to answer your question. "What is wrong with this picture?". Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Jeralyn Elise Merritt (Unclaimed Profile). For now, he said, jail is better than the fate he faces in Mexico. trailer Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. 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. He also helped crack a major international cigarette smuggling ring. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. His sincerity, empathy and commitment to advocating on my behalf were apparent. Schedule a free consultation today. 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. Yes, a felon can be an informant. Matt was available throughout the process for consultations with both my son and his parents. 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. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. The CI will contact you or maybe you contact the CI. The attorney 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 relationship. The guidelines can be used to develop or revise written directives for using and managing informants. Drug smuggling turned out to be the least of Lalo's exploits. 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. "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.". That's all I'm doing right now.". The CI meets you at a certain place and unknown to you, the police are watching the whole deal. We will review the facts surrounding your unique case and provide you with honest answers. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 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. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Thank you Mathew!! Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. What Are the Different Types of Injunctions in Florida? A lock ( In this hour of need and when this medical pro Mat was such a relief to our family! 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 all depends on the facts of your case. 5. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. But she did. There are several ways to become an FBI informant. 0000000576 00000 n As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. hide caption. The crux revolves around the confidential part of the confidential informant. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. What Is the Difference between Kidnapping and False Imprisonment. Ashok Dhamija "So where are we going to find any help if we can't trust the U.S.?". Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Both federal and state law enforcement officers use confidential informants. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. It is not like the old school movies where you can see a wire taped under someones shirt. How Can Mitigation Help Get Me The Lowest Possible Sentence? The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. ICE says it learned some lessons dealing with Lalo. A .gov website belongs to an official government organization in the United States. There is no obligation from the Government to protect you the rest of your life because you served as a CI. 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. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. Choosing the right attorney can be the most important step youll ever take. The identity of the CI can be necessary to a Defendants defense in their criminal case. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . . vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Bencomo says Lalo was different from other informants. 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. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. 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. With every new body, the smell would hit us it was horrible. Once the government uses you as a CI, they can be done with you. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. It is possible to beat drug trafficking charges. Supplemental Terms. If you need help defending yourself from these cases, our criminal defense firm can help. All rights reserved.|Disclaimer|Privacy policy. Please explain why you are flagging this content: * This will flag comments for moderators to take action. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. What evidence is needed to make a drug bust? Fabricating a confidential informant can lead to dire consequences. ICE says the fault lies with former agent Bencomo, Lalo's handler. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. I am not saying my child didnt have a breakdown. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 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. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. 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. If youre worried about how to beat a confidential informant, let the, represent you. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. It often comes to light that things may not be as they seem and this can greatly help your defense. 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). My reservations were quickly eased during my initial consultation. So how can a court find a CI's testimony to be credible? I took the recording and I told my supervisor that I didn't wish to be part of the case. The best way to beat the system and stay out of prison is don't break the law. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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 order drugs from the CI. The killings in Juarez took place more than six years ago. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Theres another reason police may want to keep the identity of their informant a secret: they dont have one.