In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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 best way to beat the system and stay out of prison is don't break the law. In all, there were 12 victims. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. The CI may be working several buy busts before the CIs work is finished with the police. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. I would recommend Justin without reservation to anyone seeking representation. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. There are several ways to become an FBI informant. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. "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. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. 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. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 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. 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. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Share sensitive information only on official, secure websites. Possibly, yes. If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. The feds paid Lalo well: nearly $250,000 over four years. This is very wrong and a misconception. That's all I'm doing right now.". They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. ) or https:// means youve safely connected to the .gov website. The content of the responses is entirely from reviewers. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Raul Bencomo, then an agent with U.S. Customs, assigned code No. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Those are . 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. However, this does not have to be the case. We found ourselves against all odds. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. The killings in Juarez took place more than six years ago. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. The Client Review Rating score is determined through the aggregation of validated responses. You may feel trapped by serving as a Government informant. Police and prosecutors generally want to keep the identity of their CI a secret. Choosing the right attorney can be the most important step youll ever take. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Bencomo says Lalo was different from other informants. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Anyone considering being a CI should first talk to a criminal defense attorney. And the devices are constantly evolving and improving. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The reason for this is the police use the CI to gain probable cause for your arrest. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. "So where are we going to find any help if we can't trust the U.S.?". 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. So how can a court find a CI's testimony to be credible? Identities should be stored in a system with the highest level of security and with Role Based Access Control. Visit our attorney directory to find a lawyer near you who can help. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Here in Mexico, there is no justice, only impunity," Magana says. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. In this hour of need and when this medical pro Mat was such a relief to our family! A simple he-said-she-said backed up with no observations won't be worth much in court. 5. You deserve the same chance at having an excellent legal defense. trailer The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. I couldn't believe it," says the DEA's Sandalio Gonzalez. advice, does not constitute a lawyer referral service, and no attorney-client or What are the different Martindale-Hubbell Peer Review Ratings?*. All rights reserved. The CI knows he/she is working as a snitch, but you do not. 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. Copyright 2023 MH Sub I, LLC dba Internet Brands. 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. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Martindale-Hubbell validates that a reviewer is a person with a valid email address. hide caption. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. The high court held that reliance on informant testimony implicates . Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Saying they have a CI may be a cover for ill-gotten evidence and information. The guidelines can be used to develop or revise written directives for using and managing informants. We contacted our attorney in the state where we live and he recommended Matt to us. Human motives and motivation is a complex subject with many competing theories. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. He says that the agency's guidelines for using confidential informants are sound. Do not wait to start working on your defense. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Lalo said his actions were necessary to maintain his cover. %PDF-1.3 % [It is only available to law enforcement.]. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. Some informants have personalities that make them difficult to manage. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Throughout, he maintained consistent communication each step of the way until my case was resolved. The more specific and detailed, the more likely a court is to accept a CI's information. he really cares and goes beyond 100% to help his clients. 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. Why did the chicken cross the road ? Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. A. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. But this is nearly non-existent in state cases and rare, at best, in federal cases. Once the government uses you as a CI, they can be done with you. The true identity of a confidential informant should be strictly limited to an identified number of people. Guadalupe Juarez/AFP/Getty Images 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. Law enforcement may keep threatening jail or charges unless you work one more deal for them. 129 0 obj <> endobj Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 0000000016 00000 n Then, at trial, the Government calls the . Please explain why you are flagging this content: * This will flag comments for moderators to take action. Read More >>. In the end the police are working for the government and you are left holding the bag. Absolutely. "I don't know if they are going to keep me here for the rest of my life," he said. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. However, this does not have to be the case. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. The CI may be required to testify in a trial of the person they are snitching on. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. The pros and cons of being a confidential informant. This story was produced for broadcast by Marisa Penaloza. He says Lalo was the keeper of the keys. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Lalo has been in solitary confinement for more than five years. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Once the case was done, ICE was also done with Lalo. "It hit me like cold water in the face; it just feels terrible. This is a common issue people face when working as CIs. We came back night after night to see how many they dug up.". The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. reCAPTCHA and the Google Privacy Policy and I had to go to the restroom and throw up. Among the victims were two U.S. residents. "Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder," he says. 0000001540 00000 n code or county). Demonstrate any past instances of false or invalidated evidence or information they have provided. 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. It's also the least painful and expensive. 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. The identity of the CI can be necessary to a Defendants defense in their criminal case. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 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. "And you have to act like a criminal.". 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. 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 . Meeting with a lawyer can help you understand your options and how to best protect your rights. about FindLaws newsletters, including our terms of use and privacy policy. "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.". At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Former agent Bencomo remembers listening to the tape. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. "He would say, 'We're going to have a barbecue.' "In my mind, he was given a license to kill.". Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. ZIP Can a REDDI Report Be the Legal Basis for a Traffic Stop? For a free legal consultation, call 215.515.3360. This is the first time that Bencomo has talked publicly. He is the best !! For now, he said, jail is better than the fate he faces in Mexico. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 0 Confidentiality is what makes the informant valuable. But in either language, his story is the same. There must be some legal guarantee that a CI's info is good. 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. 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 may result in longer prison sentences and larger fines associated with a conviction. 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. there are basically two types of police investigation, reactive and proactive. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves.