This may result in longer prison sentences and larger fines associated with a conviction. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Penalties for Drug Possession Charges as a Minor. 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. Mathew did an amazing job in court. "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.". 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. Are Confidential Informants Credible? You may feel you are being watched. A few other articles found on the internet will give an expanded version of that list. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. No one. Here in Mexico, there is no justice, only impunity. Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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. He's clean-cut and clearly educated. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. The most common way to become an FBI informant is to be approached by the FBI. Lalo wasn't looking to make a deal. 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. But in either language, his story is the same. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Courtesy Texas DMV, U.S. D.O.J. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. To the U.S. government, he was officially informant No. 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. The CI will likely be paying with marked money. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Confidential Informants can never be 100% protected by the Government or anyone else. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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 experts say to reform the confidential informant - KSAT In the end the police are working for the government and you are left holding the bag. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, On the tape, Lalo looks more like a victim than a drug thug. 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. How credible is the confidential informant? 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. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. Being a CI is a very dangerous, risky endeavor. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. Please explain why you are flagging this content: * This will flag comments for moderators to take action. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 0000018883 00000 n What evidence is needed to make a drug bust? Confidential Informants - Law Office of Perry A. Craft PLLC 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 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. But during our interview, ICE said that handbook still isn't finished. 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. You must have an associate's degree and a bachelor's degree in the relevant areas. 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 . Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw 0000001889 00000 n 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. confidential relationship is or should be formed by use of the site. This story was produced for broadcast by Marisa Penaloza. This is something that can be used to impeach him when he testifies. ICE says the fault lies with former agent Bencomo, Lalo's handler. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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). So how can a court find a CI's testimony to be credible? 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. A .gov website belongs to an official government organization in the United States. These guys are El Paso's version of the Keystone Kops," Loya says. [It is only available to law enforcement.]. The content of the responses is entirely from reviewers. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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. Courtesy Texas DMV, U.S. D.O.J. 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. 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. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. However, an informant whos been burnt obviously wont be trusted in their typical circles. Beat a Confidential Information in Philadelphia | Cases with CI Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. "In my mind, he was given a license to kill.". Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices I would recommend Justin without reservation to anyone seeking representation. Once I reached out to Matt he was back in touch within the hour. Mathew is really eloquent and smart. 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. 142 0 obj<>stream Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. A. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Eventually, a dozen bodies were unearthed at the site. In this hour of need and when this medical pro Mat was such a relief to our family! 0000017403 00000 n His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. CONFIDENTIAL INFORMANTS - Official FBIretired Website This is a common issue people face when working as CIs. (The capacity for telling lies is called "mendacity," in case you were wondering.) 913, though most called him by the nickname Lalo. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". Read More >>. Bencomo was the only one fired as a result of the Lalo fiasco. As with most things in the legal world, knowing how to beat a CI depends on your case. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). For a quick fix solution Wikipedia provides a list of potential motivations. and Raul Loya Confidential informants people who pose. 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. advice, does not constitute a lawyer referral service, and no attorney-client or 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. Both federal and state law enforcement officers use confidential informants. reCAPTCHA and the Google Privacy Policy and By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 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. 1 ANSWER. Throughout, he maintained consistent communication each step of the way until my case was resolved. The pros and cons of being a confidential informant. I took the recording and I told my supervisor that I didn't wish to be part of the case. However, you need a tireless defense team fighting on your behalf. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. 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. "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.' Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. There are two opportunities to find out the identity of a confidential informant: before and during trial. An attorney may help you weigh your options. There are several ways to become an FBI informant. For a free legal consultation, call 215.515.3360. That's all I'm doing right now.". Law enforcement will often corroborate a CI's information with consistent observations by officers. Learning the Identity of a Confidential Informant - Nolo Anyone considering being a CI should first talk to a criminal defense attorney. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 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. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. "And you have to act like a criminal.". "I really was doing something good," he said. 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. Sign up. Possess or use a dangerous drug. The required areas are criminal justice, law enforcement, police science, etc. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. How Much Jail Time for Felony Grand Theft? Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Every day that passes is another day that the prosecutors office is working to secure your guilt. And Lalo was with them. 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 Can Mitigation Help Get Me The Lowest Possible Sentence? To the U.S. government, he was officially informant No. Lalo's information was on the mark. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Jeralyn Elise Merritt (Unclaimed Profile). 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. 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.
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