The Drug Enforcement Administration blacklisted him. 0000000576 00000 n There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. The most common way to become an FBI informant is to be approached by the FBI. Matthew and his team made calls and were very persistent. Even with the promise of payment, the decision to become a CI is very dangerous. Demonstrate any past instances of false or invalidated evidence or information they have provided. Lalo wasn't looking to make a deal. Fabricating a confidential informant can lead to dire consequences. "He would say, 'We're going to have a barbecue.' 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. We will review the facts surrounding your unique case and provide you with honest answers. 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. Do not allow any of these things to happen to you. It's also the least painful and expensive. Anyone considering being a CI should first talk to a criminal defense attorney. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). 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. The CI knows he/she is working as a snitch, but you do not. How credible is the confidential informant? 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. All rights reserved.|Disclaimer|Privacy policy. 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. The required areas are criminal justice, law enforcement, police science, etc. "We stayed there all night and watched as they pulled out bodies," Magana says. 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. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. You deserve the same chance at having an excellent legal defense. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 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. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. The information provided on this site is not legal That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. But she did. What are the different Martindale-Hubbell Peer Review Ratings?*. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. 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. 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. 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). hide caption. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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 . He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. This is the first time that Bencomo has talked publicly. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. This is something that can be used to impeach him when he testifies. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. This story was produced for broadcast by Marisa Penaloza. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. It is possible to beat drug trafficking charges. Courtesy Texas DMV, U.S. D.O.J. 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. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. 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. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. His handlers did well, too. After all, the average CI is a It hit me like cold water in the face; it just feels terrible. Both federal and state law enforcement officers use confidential informants. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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. Then, at trial, the Government calls the . In all, there were 12 victims. It depends. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. LockA locked padlock Fortunately we have done it for you. The memo stated that those rules would be part of a new policy handbook. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. xref A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. It is ugly. There must be some legal guarantee that a CI's info is good. 129 0 obj <> endobj 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. A common myth that is absolutely not true is that confidential informants do not testify in trials. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. He also tried to get Congress to investigate, but that went nowhere. 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. 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. All rights reserved. Confidentiality is what makes the informant valuable. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. There is no obligation from the Government to protect you the rest of your life because you served as a CI. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. This website is for general informational purposes only. With every new body, the smell would hit us it was horrible. To the U.S. government, he was officially informant No. Why did the chicken cross the road ? code or county). A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. So how can a court find a CI's testimony to be credible? If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. 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. Gonzalez lodged a complaint against ICE. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. He is the best !! 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. If youre worried about how to beat a confidential informant, let the, represent you. On the tape, Lalo looks more like a victim than a drug thug. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 913, though most called him by the nickname Lalo. 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. Here in Mexico, there is no justice, only impunity," Magana says. Contact us. Contact Susan Williams today for a free consultation. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Bencomo was the only one fired as a result of the Lalo fiasco. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 0000001712 00000 n 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. Bencomo says the agents were told that Santillan was the No. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Schedule a free consultation today. An official website of the United States government, Department of Justice. There may be other reasons why the identity of the CI will be revealed. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 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? How Much Jail Time for Felony Grand Theft? An exchange for leniency in the charges against the informant generally occurs in these situations. The content of the responses is entirely from reviewers. 1 ANSWER. xb```Il@r/ 0! by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. I would recommend Justin without reservation to anyone seeking representation. No one. startxref Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The problem is that there is no one to police the police. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. "I don't know if they are going to keep me here for the rest of my life," he said. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. ) or https:// means youve safely connected to the .gov website. 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. there are basically two types of police investigation, reactive and proactive. 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. The majority of informants are those working off their own cases. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Choosing the right attorney can be the most important step youll ever take. This important decision can affect you the rest of your life and possibly even your loved ones or friends. And the devices are constantly evolving and improving. 0000000966 00000 n [It is only available to law enforcement.]. 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. Some people have heard of the witness protection program in movies or TV shows. Official websites use .gov Some informants have personalities that make them difficult to manage. And the CI must answer the question truthfully or else possibly face sanctions in court. But Bencomo stayed on, and so did Lalo. He's clean-cut and clearly educated. No, the identity of informants are not public record. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. %%EOF A lock ( Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. How Do You Beat a Drug Trafficking Charge in Florida? There are legal defenses available to you. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Absolutely. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. For a quick fix solution Wikipedia provides a list of potential motivations. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. A few other articles found on the internet will give an expanded version of that list. There should be an audit trail detail who has seen the true identity and when they saw it. Share sensitive information only on official, secure websites. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. 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 state will do its best to not reveal the identity of the CI. Details for individual reviews received before 2009 are not displayed. The police have the upper hand on CIs. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. Timeline: An ICE Informant Run Amok Or Mishandled? In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. 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. This site is protected by Eventually, a dozen bodies were unearthed at the site. and Raul Loya. Possibly, yes. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process.