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hide caption. The guidelines can be used to develop or revise written directives for using and managing informants. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. But this is nearly non-existent in state cases and rare, at best, in federal cases. "I had to go to the restroom and throw up. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. You may not see or notice the police. Human motives and motivation is a complex subject with many competing theories. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Matt was available throughout the process for consultations with both my son and his parents. "Are you kidding me? "In my mind, he was given a license to kill.". The CI may be required to testify in a trial of the person they are snitching on. He explained to my husband and I what my son was facing. ICE says the fault lies with former agent Bencomo, Lalo's handler. Believe it or not it is legal for law enforcement to pay a government snitch! The CI may be working several buy busts before the CIs work is finished with the police. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. This video explains the risks and benefits of working as a police confidential informant. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 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). This website is for general informational purposes only. 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. Possess or use a dangerous drug. 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." Informants nationwide end up beaten, tortured and dead once they're found out. confidential relationship is or should be formed by use of the site. 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? It all depends on the facts of your case. . Timeline: An ICE Informant Run Amok Or Mishandled? He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Schedule a free consultation today. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). Saying they have a CI may be a cover for ill-gotten evidence and information. <<59BC4FB09E3701468D15B956FB86861C>]>> Answer (1 of 5): The first thing you need to do is know your enemy. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. For a free legal consultation, call 215.515.3360. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Meeting with a lawyer can help you understand your options and how to best protect your rights. Lalo's information was on the mark. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. trailer Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. There must be some legal guarantee that a CI's info is good. 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. The monograph is organized around the confidential informant's employment . The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The CI is searched before and after the deal by the police. "It hit me like cold water in the face; it just feels terrible. A responsive, knowledgeable and skilled attorney. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. You will not be able to notice the marks. 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. 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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. "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.". Yes, a felon can be an informant. "There were these code words that the bosses would say to Lalo," Huerta says. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. of this site is subject to additional 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. 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. Supplemental Terms. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. This site is protected by Therefore, they wont be able to provide any information. 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. Eventually, a dozen bodies were unearthed at the site. 129 14 His sincerity, empathy and commitment to advocating on my behalf were apparent. 0000017958 00000 n If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 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. If youre worried about how to beat a confidential informant, let the, represent you. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. 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. However, the above measures are extra insurance for the police, they are not required. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 5 Factors Courts Will Consider. "I really was doing something good," he said. 3. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. This is something that can be used to impeach him when he testifies. He's clean-cut and clearly educated. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 0000001889 00000 n 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. 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. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. A few other articles found on the internet will give an expanded version of that list. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "It just made me sick," he says. Bencomo was the only one fired as a result of the Lalo fiasco. 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. 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. Copyright 2022, Thomson Reuters. 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. He is the best !! 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. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. Bencomo says the agents were told that Santillan was the No. The CI may be charged with a serious drug (or other) criminal offense. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. In general, the Government goes to great lengths to not reveal the identity of snitches. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. If you need help defending yourself from these cases, our criminal defense firm can help. A common myth that is absolutely not true is that confidential informants do not testify in trials. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 0000000576 00000 n Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Jeralyn Elise Merritt (Unclaimed Profile). These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. listings on the site are paid attorney advertisements. hide caption. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Absolutely. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Stay up-to-date with how the law affects your life. and Raul Loya Confidential informants people who pose. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Yes, a felon can be an informant. This may result in longer prison sentences and larger fines associated with a conviction. Please explain why you are flagging this content: * This will flag comments for moderators to take action. What Are the Different Types of Injunctions in Florida? 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". Confidentiality is what makes the informant valuable. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. The government could decide to charge someone who does that with obstruction of justice, among other things. Demonstrate any past instances of false or invalidated evidence or information they have provided. All these only go to reinforce stereotypes. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". So where are we going to find any help if we can't trust the U.S.? Copyright 2023 MH Sub I, LLC dba Internet Brands. 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. After all, the average CI is a 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. 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. 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. And gaining a better understanding of what motivates people takes time. So how can a court find a CI's testimony to be credible? NPR went there with veteran Juarez crime reporter Carlos Huerta. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. The CI will likely be paying with marked money. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Our consultant Dr John Buckley will be. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 0000000966 00000 n He also tried to get Congress to investigate, but that went nowhere. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Lalo said his actions were necessary to maintain his cover. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. With every new body, the smell would hit us it was horrible. 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? 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 youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life.