If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. I had to go to the restroom and throw up. Law enforcement will often corroborate a CI's information with consistent observations by officers. "It just made me sick," he says. 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. startxref He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. It's also the least painful and expensive. 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. The agency began deportation proceedings with the intention of sending him back to Mexico. How Can Mitigation Help Get Me The Lowest Possible Sentence? This is a common issue people face when working as CIs. The monograph is organized around the confidential informant's employment . How credible is the confidential informant? As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. 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. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Thank you Mathew!! Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. 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. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. 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. But this is nearly non-existent in state cases and rare, at best, in federal cases. Martindale-Hubbell validates that a reviewer is a person with a valid email address. and Raul Loya 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Choosing the right attorney can be the most important step youll ever take. No one. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. These guys are El Paso's version of the Keystone Kops," Loya says. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. In all, there were 12 victims. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. You cant enforce these agreements or conversations. The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. Possess a dangerous drug for sale. Former agent Bencomo remembers listening to the tape. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. AV Preeminent: The highest peer rating standard. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. 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. The CI may be working several buy busts before the CIs work is finished with the police. 0000001273 00000 n Can a felon be a confidential informant? Lalo wasn't looking to make a deal. Yes, a felon can be an informant. This is very wrong and a misconception. he really cares and goes beyond 100% to help his clients. Absolutely. ) or https:// means youve safely connected to the .gov website. ICE says it learned some lessons dealing with Lalo. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Raul Bencomo, then an agent with U.S. Customs, assigned code No. My reservations were quickly eased during my initial consultation. A simple he-said-she-said backed up with no observations won't be worth much in court. Demonstrate any past instances of false or invalidated evidence or information they have provided. Lalo said his actions were necessary to maintain his cover. You may feel you are being watched. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. 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. 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. 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. It is possible to beat drug trafficking charges. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. 913, though most called him by the nickname Lalo. Eventually, a dozen bodies were unearthed at the site. Answer (1 of 5): The first thing you need to do is know your enemy. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. Lawyers from our extensive network are ready to answer your question. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. "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?" Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. And the devices are constantly evolving and improving. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? there are basically two types of police investigation, reactive and proactive. A lock ( Drug trafficking charges are a felony offense, which can land you in prison for quite some time. On the tape, Lalo looks more like a victim than a drug thug. he says. . This website is for general informational purposes only. The CI will contact you or maybe you contact the CI. 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, Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 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. However, the above measures are extra insurance for the police, they are not required. How Much Jail Time for Felony Grand Theft? He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Please explain why you are flagging this content: * This will flag comments for moderators to take action. If you need help defending yourself from these cases, our criminal defense firm can help. A Bureau of Justice Assistance Monograph. The crux revolves around the confidential part of the confidential informant. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. "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. 0000017403 00000 n The feds paid Lalo well: nearly $250,000 over four years. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. 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. Secondly, know all the versions of the s. The high court held that reliance on informant testimony implicates . Active listening for police - a skill for conflict avoidance. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. It is not like the old school movies where you can see a wire taped under someones shirt. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. And the CI must answer the question truthfully or else possibly face sanctions in court. 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. Confidential informants arent the same as anonymous sources or tipsters. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. 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. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. "So where are we going to find any help if we can't trust the U.S.?". So how can a court find a CI's testimony to be credible? 5 Factors Courts Will Consider. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. 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. Read More >>. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. The killings in Juarez took place more than six years ago. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Why did the chicken cross the road ? 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. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. For a quick fix solution Wikipedia provides a list of potential motivations. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. The use of informants by police is essentially unregulated by the courts. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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. Stay up-to-date with how the law affects your life. As with most things in the legal world, knowing how to beat a CI depends on your case. Details for individual reviews received before 2009 are not displayed. Informants nationwide end up beaten, tortured and dead once they're found out. This decision can affect you and others for the rest of your life. 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. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Yes, in some circumstances the police will pay a person to be a CI. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. The guidelines can be used to develop or revise written directives for using and managing informants. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Confidentiality is what makes the informant valuable. 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. The amount of a drug for which trafficking charges are applicable varies depending on the substance. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Then, at trial, the Government calls the . Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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. Here in Mexico, there is no justice, only impunity. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. hide caption. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. A few other articles found on the internet will give an expanded version of that list. 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 . 0000001540 00000 n If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? The information may prove to relate to exculpatory evidence. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Is a Confidential Informant Truthful? 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. [It is only available to law enforcement.]. You may feel trapped by serving as a Government informant. There may be other reasons why the identity of the CI will be revealed. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. "I really was doing something good," he said. It often comes to light that things may not be as they seem and this can greatly help your defense. Therefore, they wont be able to provide any information. Saying they have a CI may be a cover for ill-gotten evidence and information. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. An exchange for leniency in the charges against the informant generally occurs in these situations. confidential relationship is or should be formed by use of the site. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Ashok Dhamija The Drug Enforcement Administration blacklisted him. 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. Terms of Service apply.
