He is the best !! He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. The CI may be working several buy busts before the CIs work is finished with the police. Contact us. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. Matthew and his team made calls and were very persistent. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Being a CI is a very dangerous, risky endeavor. xb```Il@r/ 0! It is important for law enforcement to protect the credibility of the informant as much as possible. Contact Susan Williams today for a free consultation. 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. 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. The reason for this is the police use the CI to gain probable cause for your arrest. You will not be able to notice the marks. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. about FindLaws newsletters, including our terms of use and privacy policy. Supplemental Terms. Confidentiality is what makes the informant valuable. 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. There are legal defenses available to you. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Human motives and motivation is a complex subject with many competing theories. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. Mathew did an amazing job in court. There must be some legal guarantee that a CI's info is good. advice, does not constitute a lawyer referral service, and no attorney-client or Understanding motive and motivation. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. Raul Bencomo, then an agent with U.S. Customs, assigned code No. "What is wrong with this picture?". CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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? 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. Copyright 2022, Thomson Reuters. But as that investigation started, ICE's prized snitch came under suspicion. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. The pros and cons of being a confidential informant. Eventually, a dozen bodies were unearthed at the site. abstract. Every day that passes is another day that the prosecutors office is working to secure your guilt. . Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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. You may feel you are being watched. 129 0 obj <> endobj The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. And the devices are constantly evolving and improving. He says Lalo was the keeper of the keys. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. I would recommend Justin without reservation to anyone seeking representation. 0000000884 00000 n 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. %%EOF The memo stated that those rules would be part of a new policy handbook. Both federal and state law enforcement officers use confidential informants. 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. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 0000001712 00000 n 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. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 0000017403 00000 n 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. It often comes to light that things may not be as they seem and this can greatly help your defense. Confidential informants arent the same as anonymous sources or tipsters. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Once the case was done, ICE was also done with Lalo. However, this does not have to be the case. The CI may be wearing a wire or recording device. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. 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. 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. he says. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. In this hour of need and when this medical pro Mat was such a relief to our family! Bencomo was the only one fired as a result of the Lalo fiasco. 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. Lalo wasn't looking to make a deal. "It was so horrible. 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. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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. Courtesy Raul Loya It can also be risky for the prosecution if they must give the CIs identity to the defense later. However, an informant whos been burnt obviously wont be trusted in their typical circles. No one. This is a common issue people face when working as CIs. The true identity of a confidential informant should be strictly limited to an identified number of people. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. He also tried to get Congress to investigate, but that went nowhere. 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. He says that the agency's guidelines for using confidential informants are sound. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. there are basically two types of police investigation, reactive and proactive. Ashok Dhamija 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. How Much Jail Time for Felony Grand Theft? Our son was distraught and frightened and Matt was very reassuring and supportive. 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. 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Call 954-845-0505 any time, day or night, to speak with a member of our team. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. The use of informants by police is essentially unregulated by the courts. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. 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. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. However, this does not have to be the case. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. xref But he had his reasons for informing on the drug gang. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 0000001889 00000 n 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. We will review the facts surrounding your unique case and provide you with honest answers. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. It depends. The most common way to become an FBI informant is to be approached by the FBI. There may be other reasons why the identity of the CI will be revealed. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. AV Preeminent: The highest peer rating standard. This is the first time that Bencomo has talked publicly. Schedule a free consultation today. This important decision can affect you the rest of your life and possibly even your loved ones or friends. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. A person shall not knowingly: 1. trailer hide caption. 3. In all, there were 12 victims. A lock ( However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. LockA locked padlock 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, 129 14 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. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. This decision can affect you and others for the rest of your life. For a free legal consultation, call 215.515.3360. 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. Confidentiality is what makes the informant valuable. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Some people have heard of the witness protection program in movies or TV shows. A few other articles found on the internet will give an expanded version of that list. Police and prosecutors generally want to keep the identity of their CI a secret. "I was shocked. "I really was doing something good," he said. 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. 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. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). "And you have to act like a criminal.". 5. "We stayed there all night and watched as they pulled out bodies," Magana says. 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. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Criminal defense attorneys have a host of tools to do this. "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.". Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. The feds paid Lalo well: nearly $250,000 over four years. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . See are article relating to Missouri's witness protection program and the lack of uptake. If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran.
