The guidelines can be used to develop or revise written directives for using and managing informants. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. There are legal defenses available to you. Understanding an informants motives for providing information is fundamental to managing them effectively. And gaining a better understanding of what motivates people takes time. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. To the U.S. government, he was officially informant No. That's all I'm doing right now.". Mathew did an amazing job in court. Police and prosecutors generally want to keep the identity of their CI a secret. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. hide caption. Anyone considering being a CI should first talk to a criminal defense attorney. 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. Share sensitive information only on official, secure websites. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Throughout, he maintained consistent communication each step of the way until my case was resolved. All rights reserved. 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. "And you have to act like a criminal.". 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. "What is wrong with this picture?". 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. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. You impeach them on the stand, which discredits the evidence, information, and testimony they give. An exchange for leniency in the charges against the informant generally occurs in these situations. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Jeralyn Elise Merritt (Unclaimed Profile). 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. 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. he says. Put crudely . No, the identity of informants are not public record. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. The information provided on this site is not legal But he had his reasons for informing on the drug gang. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. The memo stated that those rules would be part of a new policy handbook. This site is protected by Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. We called after our son was arrested for a crime he committed nearly 9 months earlier. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. 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 most common way to become an FBI informant is to be approached by the FBI. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. It's also the least painful and expensive. A .gov website belongs to an official government organization in the United States. Once the case was done, ICE was also done with Lalo. "There were these code words that the bosses would say to Lalo," Huerta says. The CI must provide 100% honest information. This story was produced for broadcast by Marisa Penaloza. 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 . How Much Jail Time for Felony Grand Theft? Bencomo was the only one fired as a result of the Lalo fiasco. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. An attorney may help you weigh your options. ZIP 0000032339 00000 n 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. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. In the end the police are working for the government and you are left holding the bag. "I don't know if they are going to keep me here for the rest of my life," he said. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. advice, does not constitute a lawyer referral service, and no attorney-client or Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Once I reached out to Matt he was back in touch within the hour. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. It has been dubbed the House of Death. 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. Bencomo says the agents were told that Santillan was the No. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 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? However, an informant whos been burnt obviously wont be trusted in their typical circles. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. 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. 2. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. You can receive an entirely free case evaluation with absolutely no obligation. abstract. 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, There should be an audit trail detail who has seen the true identity and when they saw it. Marvin Christensen @MarvinChristensen988. An official website of the United States government, Department of Justice. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. Contact us. The use of informants by police is essentially unregulated by the courts. To the U.S. government, he was officially informant No. code or county). The true identity of a confidential informant should be strictly limited to an identified number of people. It often comes to light that things may not be as they seem and this can greatly help your defense. 0000032775 00000 n startxref However, you need a tireless defense team fighting on your behalf. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. The pros and cons of being a confidential informant. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. Choosing the right attorney can be the most important step youll ever take. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. he really cares and goes beyond 100% to help his clients. and Raul Loya Our son was distraught and frightened and Matt was very reassuring and supportive. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. of this site is subject to additional The high court held that reliance on informant testimony implicates . 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. You must have an associate's degree and a bachelor's degree in the relevant areas. 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. Some people have heard of the witness protection program in movies or TV shows. 129 14 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. Visit our attorney directory to find a lawyer near you who can help. A still from a video in which Lalo talks about his case. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 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. As with most things in the legal world, knowing how to beat a CI depends on your case. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 0 But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. %%EOF A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Courtesy Texas DMV, U.S. D.O.J. The more specific and detailed, the more likely a court is to accept a CI's information. Secure .gov websites use HTTPS 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. ICE says the fault lies with former agent Bencomo, Lalo's handler. We contacted our attorney in the state where we live and he recommended Matt to us. 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? Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. How Can Mitigation Help Get Me The Lowest Possible Sentence? These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Terms of Service apply. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. A person shall not knowingly: 1. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 129 0 obj <> endobj 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. With every new body, the smell would hit us it was horrible. 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. He also helped crack a major international cigarette smuggling ring. Eventually, a dozen bodies were unearthed at the site. I couldn't believe it," says the DEA's Sandalio Gonzalez.
White Label Dropshipping Suppliers,
Villa Restaurant Menu,
European Boxer Puppies Washington State,
Teleperformance Refer A Friend Program,
For Rent By Owner Temple, Tx,
Articles H