AV Preeminent: The highest peer rating standard. Once the government uses you as a CI, they can be done with you. We found ourselves against all odds. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". . Call 954-845-0505 any time, day or night, to speak with a member of our team. How credible is the confidential informant? The guidelines can be used to develop or revise written directives for using and managing informants. 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. 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. Bencomo was the only one fired as a result of the Lalo fiasco. 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. 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. %PDF-1.3 % It can also be risky for the prosecution if they must give the CIs identity to the defense later. You can receive an entirely free case evaluation with absolutely no obligation. 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. listings on the site are paid attorney advertisements. "What is wrong with this picture?". 0000000576 00000 n Lawyers from our extensive network are ready to answer your question. (The capacity for telling lies is called "mendacity," in case you were wondering.) 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Lalo said his actions were necessary to maintain his cover. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. It's also the least painful and expensive. It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. Courtesy Texas DMV, U.S. D.O.J. 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. 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. The CI must provide 100% honest information. That's all I'm doing right now.". 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 CI meets you at a certain place and unknown to you, the police are watching the whole deal. But in Lalo's case, he says, rogue agents didn't properly follow them. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. 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. And he didn't need the money he was already making plenty in Juarez's drug trade. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. For now, he said, jail is better than the fate he faces in Mexico. The CI knows he/she is working as a snitch, but you do not. Our son was distraught and frightened and Matt was very reassuring and supportive. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. there are basically two types of police investigation, reactive and proactive. 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. 129 0 obj <> endobj Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. With every new body, the smell would hit us it was horrible. Lalo's information was on the mark. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 5. 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 statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. he really cares and goes beyond 100% to help his clients. You order drugs from the CI. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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. On the tape, Lalo looks more like a victim than a drug thug. There must be some legal guarantee that a CI's info is good. Bencomo says Lalo was different from other 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. Guadalupe Juarez/AFP/Getty Images 913, though most called him by the nickname Lalo. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? "We stayed there all night and watched as they pulled out bodies," Magana says. 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. Here in Mexico, there is no justice, only impunity," Magana says. in the former, a crime is reported to the police and an investigation is initiated; in the latter . You deserve the same chance at having an excellent legal defense. This is a common issue people face when working as CIs. The attorney **This website is meant to provide meaningful information, but does not create an attorney-client relationship. See are article relating to Missouri's witness protection program and the lack of uptake. Copyright 2022, Thomson Reuters. 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. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Stay up-to-date with how the law affects your life. Timeline: An ICE Informant Run Amok Or Mishandled? There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. But this is nearly non-existent in state cases and rare, at best, in federal cases. 913, though most called him by the nickname Lalo. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case. The problem is that there is no one to police the police. 0000001540 00000 n Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. 0000032339 00000 n The reason for this is the police use the CI to gain probable cause for your arrest. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Contact Susan Williams today for a free consultation. 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. The government could decide to charge someone who does that with obstruction of justice, among other things. We came back night after night to see how many they dug up.". NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. You may feel you are being watched. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. However, you need a tireless defense team fighting on your behalf. In all, there were 12 victims. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 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. A Bureau of Justice Assistance Monograph. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. 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 . It often comes to light that things may not be as they seem and this can greatly help your defense. 913, though most called him by the nickname Lalo. 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. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Lalo wasn't looking to make a deal. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 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.

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