Thus, a court needs some basis for a CI's allegations. The government could decide to charge someone who does that with obstruction of justice, among other things. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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. How Can Mitigation Help Get Me The Lowest Possible Sentence? and Raul Loya. code or county). 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). The CI knows he/she is working as a snitch, but you do not. 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. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. advice, does not constitute a lawyer referral service, and no attorney-client or for the objects of police raids if things go awry. 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. Learn more Law enforcement will often corroborate a CI's information with consistent observations by officers. However, this does not have to be the case. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Read More >>. Eventually, a dozen bodies were unearthed at the site. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. 2. Saying they have a CI may be a cover for ill-gotten evidence and information. In general, the Government goes to great lengths to not reveal the identity of snitches. There are two opportunities to find out the identity of a confidential informant: before and during trial. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. abstract. hide caption. All rights reserved. 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. But she did. Contact Susan Williams today for a free consultation. 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. 1 ANSWER. 0000017958 00000 n 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. Informants. %PDF-1.3 % 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. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. LockA locked padlock If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. The more specific and detailed, the more likely a court is to accept a CI's information. 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. You may feel trapped by serving as a Government informant. The CI may be working several buy busts before the CIs work is finished with the police. As with most things in the legal world, knowing how to beat a CI depends on your case. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. The killings in Juarez took place more than six years ago. Informants nationwide end up beaten, tortured and dead once they're found out. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. "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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. 0000000016 00000 n Understanding motive and motivation. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. The police have the upper hand on CIs. This is a common issue people face when working as CIs. listings on the site are paid attorney advertisements. The most common way to become an FBI informant is to be approached by the FBI. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. "Are you kidding me? The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. The majority of informants are those working off their own cases. He is the best !! The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Login. The CI may do controlled buys. This means that the CI will have an agreement with the police. <<59BC4FB09E3701468D15B956FB86861C>]>> Believe it or not it is legal for law enforcement to pay a government snitch! Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Guadalupe Juarez/AFP/Getty Images Call 954-845-0505 any time, day or night, to speak with a member of our team. A still from a video in which Lalo talks about his case. 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. A .gov website belongs to an official government organization in the United States. 0000032775 00000 n So how can a court find a CI's testimony to be credible? ICE says the fault lies with former agent Bencomo, Lalo's handler. Former agent Bencomo remembers listening to the tape. 0000001889 00000 n But Bencomo stayed on, and so did Lalo. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. But it wasn't just the people of Juarez who were outraged. Criminal Defense Attorney in Philadelphia. A lock ( In all, there were 12 victims. Matt was available throughout the process for consultations with both my son and his parents. There may be other reasons why the identity of the CI will be revealed. How Do You Beat a Drug Trafficking Charge in Florida? Secondly, know all the versions of the s. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Yes, a felon can be an informant. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 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. Police and prosecutors generally want to keep the identity of their CI a secret. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 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. 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. Answer (1 of 5): The first thing you need to do is know your enemy. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. there are basically two types of police investigation, reactive and proactive. 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. Even with the promise of payment, the decision to become a CI is very dangerous. All these only go to reinforce stereotypes. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Skip to content. Contact us. If CIs were public record, it would put their lives in danger and the lives of their loved ones. There are several ways to become an FBI informant. 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. Are Confidential Informants Credible? 0000017403 00000 n "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Lalo wasn't looking to make a deal. This is something that can be used to impeach him when he testifies. trailer But as that investigation started, ICE's prized snitch came under suspicion. To the U.S. government, he was officially informant No. 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. The pros and cons of being a confidential 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. Mathew did an amazing job in court. You must have an associate's degree and a bachelor's degree in the relevant areas. Visit https://www.gustitislaw.com for more information about inform. Timeline: An ICE Informant Run Amok Or Mishandled? 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. 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. The reason for this is the police use the CI to gain probable cause for your arrest. We contacted our attorney in the state where we live and he recommended Matt to us. And he didn't need the money he was already making plenty in Juarez's drug trade. 0000001094 00000 n %%EOF Lawyers from our extensive network are ready to answer your question. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). (The capacity for telling lies is called "mendacity," in case you were wondering.) Once the government uses you as a CI, they can be done with you. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. 3 man in the Juarez cartel. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. The purpose of the ruling is to establish an informant . He also helped crack a major international cigarette smuggling ring. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. I am not saying my child didnt have a breakdown. 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 . The information may prove to relate to exculpatory evidence. But this is nearly non-existent in state cases and rare, at best, in federal cases. 6. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. "I had to go to the restroom and throw up. After all, the average CI is a Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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. 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. So where are we going to find any help if we can't trust the U.S.? 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. Visit our attorney directory to find a lawyer near you who can help. It's also the least painful and expensive. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The CI will likely be paying with marked money. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. "He would say, 'We're going to have a barbecue.' 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. The CI must provide 100% honest information. 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. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Is a Confidential Informant Truthful? Lalo's information was on the mark. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Sign up. 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. His performance in court was outstanding and gave me a big victory. 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. "It hit me like cold water in the face; it just feels terrible. 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. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. And the devices are constantly evolving and improving. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. "I believe in some kind of justice, and I think I was doing something good," he said. 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. 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,