Call 954-845-0505 today. Read More >>. Confidentiality is what makes the informant valuable. Human motives and motivation is a complex subject with many competing theories. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. he says. You may not see or notice the police. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. This may result in longer prison sentences and larger fines associated with a conviction. A Bureau of Justice Assistance Monograph. 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). He says that the agency's guidelines for using confidential informants are sound. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. of this site is subject to additional there are basically two types of police investigation, reactive and proactive. Courtesy Texas DMV, U.S. D.O.J. The CI may be working several buy busts before the CIs work is finished with the police. 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. It just made me sick. The problem is that there is no one to police the police. Here in Mexico, there is no justice, only impunity," Magana says. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. CONFIDENTIAL INFORMANT | Office of Justice Programs 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. 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. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Can a felon be a confidential informant? **This website is meant to provide meaningful information, but does not create an attorney-client relationship. advice, does not constitute a lawyer referral service, and no attorney-client or Call 954-845-0505 any time, day or night, to speak with a member of our team. The Client Review Rating score is determined through the aggregation of validated responses. All rights reserved.|Disclaimer|Privacy policy. 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. 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, How to Beat a Drug Trafficking Charge in Florida I am not saying my child didnt have a breakdown. How Much Jail Time for Felony Grand Theft? can you beat a controlled by Case by discrediting the - Avvo 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". 129 14
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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. "I believe in some kind of justice, and I think I was doing something good," he said. With every new body, the smell would hit us it was horrible. 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. Thank you Mathew!! Lawyers from our extensive network are ready to answer your question. 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. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. The recording devices used have become very sophisticated and are virtually undetectable. Drug Use and The Use of a Confidential Informant | Ketcham Law Matt was available throughout the process for consultations with both my son and his parents. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. Confidential Informants > JAG Reporter > Article View Post The use of informants by police is essentially unregulated by the courts. Confidentiality is what makes the informant valuable. Eventually, a dozen bodies were unearthed at the site. Courtesy Texas DMV, U.S. D.O.J. 913, though most called him by the nickname Lalo. Some informants have personalities that make them difficult to manage. 129 0 obj <>
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Possess a dangerous drug for sale. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. The best way to beat the system and stay out of prison is don't break the law. abstract. Matthew and his team made calls and were very persistent. Understanding motive and motivation. In general, the Government goes to great lengths to not reveal the identity of snitches. In my mind, he was given a license to kill. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 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. You deserve the same chance at having an excellent legal defense. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. It has been dubbed the House of Death. 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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Guadalupe Juarez/AFP/Getty Images This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. "It just made me sick," he says. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. But she did. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. xb```Il@r/ 0! Should You Work as a Police Confidential Informant? Defense - YouTube 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. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. 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. All these only go to reinforce stereotypes. Learn more How To Beat A Confidential Informant - Wakelet These guys are El Paso's version of the Keystone Kops," Loya says. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. However, you need a tireless defense team fighting on your behalf. However, an informant whos been burnt obviously wont be trusted in their typical circles. The identity of the CI can be necessary to a Defendants defense in their criminal case. 0
The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. This story was produced for broadcast by Marisa Penaloza. Drug smuggling turned out to be the least of Lalo's exploits. 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. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. 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. Do not wait to start working on your defense. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. <<59BC4FB09E3701468D15B956FB86861C>]>>
I took the recording and I told my supervisor that I didn't wish to be part of the case.". Choosing the right attorney can be the most important step youll ever take. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Confidential Informants can never be 100% protected by the Government or anyone else. 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. And he didn't need the money he was already making plenty in Juarez's drug trade. How to Become an FBI Informant | Legal Beagle However, this does not have to be the case. The information provided on this site is not legal 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. There may be cameras in the location that the deal takes place. 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. To the U.S. government, he was officially informant No. The CI may do controlled buys. This means that the CI will have an agreement with the police. 5. There must be some legal guarantee that a CI's info is good. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. confidential relationship is or should be formed by use of the site. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. startxref
The most common way to become an FBI informant is to be approached by the FBI. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. This is the first time that Bencomo has talked publicly. The content of the responses is entirely from reviewers. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law Official websites use .gov The government could decide to charge someone who does that with obstruction of justice, among other things. It can also be risky for the prosecution if they must give the CIs identity to the defense later. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Saying they have a CI may be a cover for ill-gotten evidence and information. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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 . If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. listings on the site are paid attorney advertisements. The purpose of the ruling is to establish an informant . 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. The pros and cons of being a confidential informant. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The more specific and detailed, the more likely a court is to accept a CI's information. 0000001712 00000 n
Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. But Bencomo stayed on, and so did Lalo. Gonzalez lodged a complaint against ICE. We contacted our attorney in the state where we live and he recommended Matt to us. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Are Confidential Informants Credible? We found ourselves against all odds. Police and prosecutors generally want to keep the identity of their CI a secret. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. That's all I'm doing right now.". Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. The CI is searched before and after the deal by the police. 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 may be wearing a wire or recording device. What Are the Different Types of Injunctions in Florida? The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Being a CI is a very dangerous, risky endeavor. Yes, a felon can be an informant. 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 information may prove to relate to exculpatory evidence. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. The police can use information gained from the CI about you that the Government can use when prosecuting your case. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Possess or use a dangerous drug. This video explains the risks and benefits of working as a police confidential informant. "I had to go to the restroom and throw up. There are several ways to become an FBI informant. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Eventually, a dozen bodies were unearthed at the site. "What is wrong with this picture?". "I was shocked. Marvin Christensen @MarvinChristensen988. 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.
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