Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Your access of/to and use The more specific and detailed, the more likely a court is to accept a CI's information. He also helped crack a major international cigarette smuggling ring. He explained to my husband and I what my son was facing. 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. You must have an associate's degree and a bachelor's degree in the relevant areas. Fortunately we have done it for you. A lock ( A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. Understanding an informants motives for providing information is fundamental to managing them effectively. Courtesy Texas DMV, U.S. D.O.J. Both federal and state law enforcement officers use confidential informants. Please explain why you are flagging this content: * This will flag comments for moderators to take action. All rights reserved.|Disclaimer|Privacy policy. 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. You may feel you are being watched. There is no obligation from the Government to protect you the rest of your life because you served as a CI. "It was so horrible. "We stayed there all night and watched as they pulled out bodies," Magana says. 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. The recording devices used have become very sophisticated and are virtually undetectable. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Once I reached out to Matt he was back in touch within the hour. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 0000000884 00000 n If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. 1 ANSWER. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. The CI may be wearing a wire or recording device. Then, at trial, the Government calls the . The police can use information gained from the CI about you that the Government can use when prosecuting your case. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. The government could decide to charge someone who does that with obstruction of justice, among other things. The agency began deportation proceedings with the intention of sending him back to Mexico. Lalo wasn't looking to make a deal. The identity of the CI can be necessary to a Defendants defense in their criminal case. 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. Possess a dangerous drug for sale. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. he really cares and goes beyond 100% to help his clients. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 0000017403 00000 n It hit me like cold water in the face; it just feels terrible. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. In all, there were 12 victims. Eventually, a dozen bodies were unearthed at the site. The monograph is organized around the confidential informant's employment . Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. But this is nearly non-existent in state cases and rare, at best, in federal cases. 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. For a quick fix solution Wikipedia provides a list of potential motivations. A .gov website belongs to an official government organization in the United States. 913, though most called him by the nickname Lalo. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Yes, in some circumstances the police will pay a person to be a CI. You order drugs from the CI. Informants nationwide end up beaten, tortured and dead once they're found out. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. A responsive, knowledgeable and skilled attorney. Law enforcement will often corroborate a CI's information with consistent observations by officers. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 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. 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. Confidentiality is what makes the informant valuable. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Among the victims were two U.S. residents. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Drug smuggling turned out to be the least of Lalo's exploits. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. Visit https://www.gustitislaw.com for more information about inform. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. trailer Thank you Mathew!! 0000001889 00000 n 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 . in the former, a crime is reported to the police and an investigation is initiated; in the latter . In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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. 0 Contact Susan Williams today for a free consultation. 142 0 obj<>stream 5. He says that the agency's guidelines for using confidential informants are sound. The government does not have the resources or time to do this. 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). A few other articles found on the internet will give an expanded version of that list. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. 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. 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? The high court held that reliance on informant testimony implicates . Criminal defense attorneys have a host of tools to do this. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Our consultant Dr John Buckley will be. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Marvin Christensen @MarvinChristensen988. Contributing to the Delinquency of a Minor. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? (The capacity for telling lies is called "mendacity," in case you were wondering.) 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. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. 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. However, this does not have to be the case. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . confidential relationship is or should be formed by use of the site. . If you agree to work with the FBI, you will be . 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. 0000001094 00000 n Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Confidentiality is what makes the informant valuable. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. This field is for validation purposes and should be left unchanged. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. 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. "I don't know if they are going to keep me here for the rest of my life," he said. But she did. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. You cant enforce these agreements or conversations. of this site is subject to additional xb```Il@r/ 0! "I had to go to the restroom and throw up. 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). A Bureau of Justice Assistance Monograph. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. The police have the upper hand on CIs. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. there are basically two types of police investigation, reactive and proactive. Possibly, yes. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 5 Factors Courts Will Consider. But during our interview, ICE said that handbook still isn't finished. 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. 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. There are several ways to become an FBI informant. The Drug Enforcement Administration blacklisted him. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. In the end the police are working for the government and you are left holding the bag. ) or https:// means youve safely connected to the .gov website. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. He's clean-cut and clearly educated. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. There must be some legal guarantee that a CI's info is good. I had to go to the restroom and throw up. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 3 man in the Juarez cartel. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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, Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. reCAPTCHA and the Google Privacy Policy and If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. 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. Here in Mexico, there is no justice, only impunity. He is the best !! There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. What are the different Martindale-Hubbell Peer Review Ratings?*. How credible is the confidential informant? 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. The guidelines can be used to develop or revise written directives for using and managing informants. 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. advice, does not constitute a lawyer referral service, and no attorney-client or Call 954-845-0505 today. 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. 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. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 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. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. The information provided on this site is not legal Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. and Raul Loya Confidential informants people who pose. 3. But as that investigation started, ICE's prized snitch came under suspicion. In any case, the outcome will most likely benefit you as the defendant. You may feel trapped by serving as a Government informant. 129 0 obj <> endobj We came back night after night to see how many they dug up.". The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. This may result in longer prison sentences and larger fines associated with a conviction. 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. Schedule a free consultation today. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. 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. But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. 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. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. You can receive an entirely free case evaluation with absolutely no obligation. Meeting with a lawyer can help you understand your options and how to best protect your rights. Possess or use a dangerous drug. "I was shocked. I would recommend Justin without reservation to anyone seeking representation. The CI knows he/she is working as a snitch, but you do not. 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. Learn more Anyone considering being a CI should first talk to a criminal defense attorney. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. You may not see or notice the police. 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. Police and prosecutors generally want to keep the identity of their CI a secret. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The information may prove to relate to exculpatory evidence. Fabricating a confidential informant can lead to dire consequences. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. The CI is assigned a CI number and agrees to provide information about your case to the police. Terms of Service apply. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. Skip to content. The guidelines can be used to develop or revise written directives for using and managing informants. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 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. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. An attorney may help you weigh your options. This website is for general informational purposes only. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. On the tape, Lalo looks more like a victim than a drug thug. Courtesy Texas DMV, U.S. D.O.J. 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. 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. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. Copyright 2023 MH Sub I, LLC dba Internet Brands. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. There are legal defenses available to you. 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. Do not allow any of these things to happen to you. 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.