The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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. A few other articles found on the internet will give an expanded version of that list. The CI will contact you or maybe you contact the CI. It just made me sick. We came back night after night to see how many they dug up.". And gaining a better understanding of what motivates people takes time. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. How Do You Beat a Drug Trafficking Charge in Florida? Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. He explained to my husband and I what my son was facing. There is no obligation from the Government to protect you the rest of your life because you served as a CI. The state will do its best to not reveal the identity of the CI. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. "It hit me like cold water in the face; it just feels terrible. Believe it or not it is legal for law enforcement to pay a government snitch! "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.". Identities should be stored in a system with the highest level of security and with Role Based Access Control. (The capacity for telling lies is called "mendacity," in case you were wondering.) 0000000016 00000 n On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. And Lalo was with them. 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. The monograph is organized around the confidential informant's employment . In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Answer (1 of 5): The first thing you need to do is know your enemy. Call 954-845-0505 any time, day or night, to speak with a member of our team. 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. What Is the Difference between Kidnapping and False Imprisonment. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Saying they have a CI may be a cover for ill-gotten evidence and information. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. You deserve the same chance at having an excellent legal defense. Confidential informants arent the same as anonymous sources or tipsters. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Fabricating a confidential informant can lead to dire consequences. 5 Factors Courts Will Consider. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Guadalupe Juarez/AFP/Getty Images 0000001889 00000 n Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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 Informant Testifies as Government Witness. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. 1 ANSWER. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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. 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. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." Lalo's information was on the mark. Eventually, a dozen bodies were unearthed at the site. ICE says the fault lies with former agent Bencomo, Lalo's handler. The CI must provide 100% honest information. For a free legal consultation, call 215.515.3360. Eventually, a dozen bodies were unearthed at the site. 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. He says that the agency's guidelines for using confidential informants are sound. The CI will likely be paying with marked money. The police have the upper hand on CIs. "It just made me sick," he says. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Contact Susan Williams today for a free consultation. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . "What is wrong with this picture?". It's also the least painful and expensive. No one. And he didn't need the money he was already making plenty in Juarez's drug trade. There are legal defenses available to you. and Raul Loya Confidential informants people who pose. But as that investigation started, ICE's prized snitch came under suspicion. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. "In my mind, he was given a license to kill.". However, this does not have to be the case. 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 . "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.' With every new body, the smell would hit us it was horrible. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Copyright 2023 MH Sub I, LLC dba Internet Brands. 5. You will not be able to notice the marks. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. How credible is the confidential informant? 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. and Raul Loya. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The problem is that there is no one to police the police. There may be other reasons why the identity of the CI will be revealed. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). But during our interview, ICE said that handbook still isn't finished. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Schedule a free consultation today. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). and Raul Loya Penalties for Drug Possession Charges as a Minor. 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. Copyright 2022, Thomson Reuters. "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," he says. advice, does not constitute a lawyer referral service, and no attorney-client or This is something that can be used to impeach him when he testifies. There should be an audit trail detail who has seen the true identity and when they saw it. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. The CI may be working several buy busts before the CIs work is finished with the police. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. %%EOF Police and prosecutors generally want to keep the identity of their CI a secret. "I believe in some kind of justice, and I think I was doing something good," he said. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Official websites use .gov However, you need a tireless defense team fighting on your behalf. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Bencomo was the only one fired as a result of the Lalo fiasco. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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). Yes, a felon can be an informant. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. The high court held that reliance on informant testimony implicates . 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. 0000001540 00000 n His handlers did well, too. 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. listings on the site are paid attorney advertisements. Martindale-Hubbell validates that a reviewer is a person with a valid email address. It is ugly. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. This is the first time that Bencomo has talked publicly. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. . Can a REDDI Report Be the Legal Basis for a Traffic Stop? Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Contact us. 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. AV Preeminent: The highest peer rating standard. 913, though most called him by the nickname Lalo. "It was so horrible. Courtesy Texas DMV, U.S. D.O.J. You may not see or notice the police. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. The CI may do controlled buys. This means that the CI will have an agreement with the police. confidential relationship is or should be formed by use of the site. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The CI may be wearing a wire or recording device. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. 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 money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. There are several ways to become an FBI informant. You must have an associate's degree and a bachelor's degree in the relevant areas. 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. Those are . Timeline: An ICE Informant Run Amok Or Mishandled? I couldn't believe it," says the DEA's Sandalio Gonzalez. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Why did the chicken cross the road ? Understanding an informants motives for providing information is fundamental to managing them effectively. But he had his reasons for informing on the drug gang. Once the government uses you as a CI, they can be done with you. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 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.
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