Throughout, he maintained consistent communication each step of the way until my case was resolved. Contact us immediately for a free consultation where we can discuss the details of your case and how we can 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. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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? 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 consequences. Martindale-Hubbell validates that a reviewer is a person with a valid email address. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. The reason for this is the police use the CI to gain probable cause for your arrest. 0000001540 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. You may feel you are being watched. Absolutely. He's clean-cut and clearly educated. 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). The problem is that there is no one to police the police. A simple he-said-she-said backed up with no observations won't be worth much in court. The CI must provide 100% honest information. But it wasn't just the people of Juarez who were outraged. How Much Jail Time for Felony Grand Theft? Copyright 2022, Thomson Reuters. 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, Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. A still from a video in which Lalo talks about his case. Some people have heard of the witness protection program in movies or TV shows. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Courtesy Texas DMV, U.S. D.O.J. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. A. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. 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. The information may prove to relate to exculpatory evidence. 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 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. These guys are El Paso's version of the Keystone Kops," Loya says. We called after our son was arrested for a crime he committed nearly 9 months earlier. 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. Your access of/to and use Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. ICE says the fault lies with former agent Bencomo, Lalo's handler. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. 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. 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. Copyright 2023 MH Sub I, LLC dba Internet Brands. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. What Is the Difference between Kidnapping and False Imprisonment. This is a common issue people face when working as CIs. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Both federal and state law enforcement officers use confidential informants. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Then, at trial, the Government calls the . Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. 0000001712 00000 n Timeline: An ICE Informant Run Amok Or Mishandled? Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. No, the identity of informants are not public record. 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. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. The pros and cons of being a confidential informant. %%EOF The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. and Raul Loya Confidential informants people who pose. Bencomo says the agents were told that Santillan was the No. How Can Mitigation Help Get Me The Lowest Possible Sentence? 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. If you need help defending yourself from these cases, our criminal defense firm can help. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Mathew did an amazing job in court. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. And gaining a better understanding of what motivates people takes time. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Sign up. I would recommend Justin without reservation to anyone seeking representation. 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. 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. It depends. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. And he didn't need the money he was already making plenty in Juarez's drug trade. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. There are two opportunities to find out the identity of a confidential informant: before and during trial. This video explains the risks and benefits of working as a police confidential informant. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. <<59BC4FB09E3701468D15B956FB86861C>]>> I took the recording and I told my supervisor that I didn't wish to be part of the case. 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. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" 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. You must have an associate's degree and a bachelor's degree in the relevant areas. 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. 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). Contact us. Lalo's information was on the mark. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. His performance in court was outstanding and gave me a big victory. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. Active listening for police - a skill for conflict avoidance. 0 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. How Do You Beat a Drug Trafficking Charge in Florida? It often comes to light that things may not be as they seem and this can greatly help your defense. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. In my mind, he was given a license to kill. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. You deserve the same chance at having an excellent legal defense. In all, there were 12 victims. What are the different Martindale-Hubbell Peer Review Ratings?*. "We stayed there all night and watched as they pulled out bodies," Magana says. advice, does not constitute a lawyer referral service, and no attorney-client or Can a felon be a confidential informant? To the U.S. government, he was officially informant No. There should be an audit trail detail who has seen the true identity and when they saw it. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. The Drug Enforcement Administration blacklisted him. 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. 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. In any case, the outcome will most likely benefit you as the defendant. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Some informants have personalities that make them difficult to manage. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. "It was so horrible. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. If youre worried about how to beat a confidential informant, let the, represent you. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. The most common way to become an FBI informant is to be approached by the FBI. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. "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.". he says. How credible is the confidential informant? 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. Lalo wasn't looking to make a deal. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 3. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. Possibly, yes. You can receive an entirely free case evaluation with absolutely no obligation. 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. It is possible to beat drug trafficking charges. We contacted our attorney in the state where we live and he recommended Matt to us. This website is for general informational purposes only. A common myth that is absolutely not true is that confidential informants do not testify in trials. Bencomo says Lalo was different from other informants. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. Identities should be stored in a system with the highest level of security and with Role Based Access Control. He says that the agency's guidelines for using confidential informants are sound. This is something that can be used to impeach him when he testifies. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. 142 0 obj<>stream The Client Review Rating score is determined through the aggregation of validated responses. A lock ( 5 Factors Courts Will Consider. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Matthew and his team made calls and were very persistent. 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. Those are . It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. And the CI must answer the question truthfully or else possibly face sanctions in court. I am not saying my child didnt have a breakdown. His sincerity, empathy and commitment to advocating on my behalf were apparent. 0000000966 00000 n "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". People who are arrested because you are a CI can put your life and the life of your loved ones in danger. "So where are we going to find any help if we can't trust the U.S.?". for the objects of police raids if things go awry. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. "I believe in some kind of justice, and I think I was doing something good," he said. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The more specific and detailed, the more likely a court is to accept a CI's information. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. He also tried to get Congress to investigate, but that went nowhere. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Believe it or not it is legal for law enforcement to pay a government snitch! Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. The high court held that reliance on informant testimony implicates . There are legal defenses available to you. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Do not wait to start working on your defense. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Anyone considering being a CI should first talk to a criminal defense attorney. Secure .gov websites use HTTPS 0000000576 00000 n 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Police and prosecutors generally want to keep the identity of their CI a secret. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. he really cares and goes beyond 100% to help his clients. confidential relationship is or should be formed by use of the site. Law enforcement will often corroborate a CI's information with consistent observations by officers. Fortunately we have done it for you. 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. 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. The police have the upper hand on CIs. Contributing to the Delinquency of a Minor. After all, the average CI is a Theres another reason police may want to keep the identity of their informant a secret: they dont have one. It just made me sick. 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. Confidential informants arent the same as anonymous sources or tipsters. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Learn more You impeach them on the stand, which discredits the evidence, information, and testimony they give. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. A responsive, knowledgeable and skilled attorney. Why did the chicken cross the road ? startxref The killings in Juarez took place more than six years ago. 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. It's also the least painful and expensive. All these only go to reinforce stereotypes. Former agent Bencomo remembers listening to the tape. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. trailer This is very wrong and a misconception. 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. It hit me like cold water in the face; it just feels terrible. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. "And you have to act like a criminal.". ) or https:// means youve safely connected to the .gov website. Even with the promise of payment, the decision to become a CI is very dangerous. You cant enforce these agreements or conversations. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". We came back night after night to see how many they dug up.". 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. 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. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. 1 ANSWER. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 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. Ashok Dhamija The amount of a drug for which trafficking charges are applicable varies depending on the substance. listings on the site are paid attorney advertisements. Matt was available throughout the process for consultations with both my son and his parents. 6. The CI will likely be paying with marked money. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. abstract. But that is the sobering truth of being a CI. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 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 monograph is organized around the confidential informant's employment . hide caption. Please explain why you are flagging this content: * This will flag comments for moderators to take action. For a free legal consultation, call 215.515.3360. It has been dubbed the House of Death. 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. 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. code or county). Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. "I don't know if they are going to keep me here for the rest of my life," he said. An official website of the United States government, Department of Justice. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. An exchange for leniency in the charges against the informant generally occurs in these situations. Courtesy Texas DMV, U.S. D.O.J. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. We will review the facts surrounding your unique case and provide you with honest answers. Copyright 2023 Weinstein Legal. The attorney 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. Here in Mexico, there is no justice, only impunity," Magana says. 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. That's all I'm doing right now.". This decision can affect you and others for the rest of your life. Bencomo was the only one fired as a result of the Lalo fiasco. Yes, in some circumstances the police will pay a person to be a CI. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Thus, a court needs some basis for a CI's allegations. If you agree to work with the FBI, you will be . 129 0 obj <> endobj I took the recording and I told my supervisor that I didn't wish to be part of the case.". **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies.

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