As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. His performance in court was outstanding and gave me a big victory. Even with the promise of payment, the decision to become a CI is very dangerous. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. 5 Factors Courts Will Consider. 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. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. The crux revolves around the confidential part of the confidential informant. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Criminal defense attorneys have a host of tools to do this. Sign up. 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. 0000000576 00000 n What evidence is needed to make a drug bust? Do not wait to start working on your defense. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . There are legal defenses available to you. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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 amount of a drug for which trafficking charges are applicable varies depending on the substance. he really cares and goes beyond 100% to help his clients. Law enforcement will often corroborate a CI's information with consistent observations by officers. Informants nationwide end up beaten, tortured and dead once they're found out. and Raul Loya Confidential informants people who pose. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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, a court needs some basis for a CI's allegations. hide caption. Once the case was done, ICE was also done with Lalo. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Contributing to the Delinquency of a Minor. Contact Susan Williams today for a free consultation. Fabricating a confidential informant can lead to dire consequences. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. The required areas are criminal justice, law enforcement, police science, etc. 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. Criminal Defense Attorney in Philadelphia. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 0000001712 00000 n In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. There may be other reasons why the identity of the CI will be revealed. For a free legal consultation, call 215.515.3360. In this hour of need and when this medical pro Mat was such a relief to our family! In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. 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). Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. With every new body, the smell would hit us it was horrible. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. 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. 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. My reservations were quickly eased during my initial consultation. 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. 142 0 obj<>stream Theres another reason police may want to keep the identity of their informant a secret: they dont have one. ICE says it learned some lessons dealing with Lalo. It's also the least painful and expensive. He also tried to get Congress to investigate, but that went nowhere. 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. reCAPTCHA and the Google Privacy Policy and The identity of the CI can be necessary to a Defendants defense in their criminal case. Do not allow any of these things to happen to you. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Guadalupe Juarez/AFP/Getty Images ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. The state will do its best to not reveal the identity of the CI. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Secure .gov websites use HTTPS ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Jeralyn Elise Merritt (Unclaimed Profile). But this is nearly non-existent in state cases and rare, at best, in federal cases. Confidentiality is what makes the informant valuable. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. However, this does not have to be the case. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. I would recommend Justin without reservation to anyone seeking representation. 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. 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. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 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. This may result in longer prison sentences and larger fines associated with a conviction. 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. 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. 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. You may not see or notice the police. This is a common issue people face when working as CIs. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 5. "Are you kidding me? To the U.S. government, he was officially informant No. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. By searching the informant, surveilling the buy, and taking other similar measures, the goal is to eliminate the possibility that the informant could plant the drugs on the suspect in order to fulfill the deal with the police. Believe it or not it is legal for law enforcement to pay a government snitch! These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. It is possible to beat drug trafficking charges. How Much Jail Time for Felony Grand Theft? The information provided on this site is not legal If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. We found ourselves against all odds. But he had his reasons for informing on the drug gang. The reason for this is the police use the CI to gain probable cause for your arrest. Answer (1 of 5): The first thing you need to do is know your enemy. Once the government uses you as a CI, they can be done with you. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The CI will contact you or maybe you contact the CI. How credible is the confidential informant? Distinguished: An excellent rating for a lawyer with some experience. Once I reached out to Matt he was back in touch within the hour. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. "In my mind, he was given a license to kill.". Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Among the victims were two U.S. residents. 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. 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. "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. ICE says the fault lies with former agent Bencomo, Lalo's handler. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Some informants have personalities that make them difficult to manage. [It is only available to law enforcement.]. An exchange for leniency in the charges against the informant generally occurs in these situations. The Client Review Rating score is determined through the aggregation of validated responses. xref I am not saying my child didnt have a breakdown. He is the best !! His handlers did well, too. AV Preeminent: The highest peer rating standard. Stay up-to-date with how the law affects your life. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. 0000017958 00000 n Police and prosecutors generally want to keep the identity of their CI a secret. Gonzalez lodged a complaint against ICE. This important decision can affect you the rest of your life and possibly even your loved ones or friends. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. Thank you Mathew!! Is a Confidential Informant Truthful? 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. But that is the sobering truth of being a CI. Confidentiality is what makes the informant valuable. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. 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 . This story was produced for broadcast by Marisa Penaloza. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Courtesy Texas DMV, U.S. D.O.J. "There were these code words that the bosses would say to Lalo," Huerta says. He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. A responsive, knowledgeable and skilled attorney. He says Lalo was the keeper of the keys. A. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Share sensitive information only on official, secure websites. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. listings on the site are paid attorney advertisements. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 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. How Can Mitigation Help Get Me The Lowest Possible Sentence? The monograph is organized around the confidential informant's employment . Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. And gaining a better understanding of what motivates people takes time. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. So where are we going to find any help if we can't trust the U.S.? In the end the police are working for the government and you are left holding the bag. 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. Absolutely. A still from a video in which Lalo talks about his case. 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 guys are El Paso's version of the Keystone Kops," Loya says. ) or https:// means youve safely connected to the .gov website. %%EOF That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Being a CI is a very dangerous, risky endeavor. There are several ways to become an FBI informant. Lalo's information was on the mark. "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.". Copyright 2023 Weinstein Legal. The CI must provide 100% honest information. 3. 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. A common myth that is absolutely not true is that confidential informants do not testify in trials. 1 ANSWER. %PDF-1.3 % Then, at trial, the Government calls the . 6. 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. The CI is assigned a CI number and agrees to provide information about your case to the police. Our son was distraught and frightened and Matt was very reassuring and supportive. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. trailer Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Visit https://www.gustitislaw.com for more information about inform. 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. It is ugly. 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. The most common way to become an FBI informant is to be approached by the FBI. Penalties for Drug Possession Charges as a Minor. 913, though most called him by the nickname Lalo. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century.