The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Can a felon be a confidential informant? 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. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Then, at trial, the Government calls the . It is ugly. "It hit me like cold water in the face; it just feels terrible. It has been dubbed the House of Death. 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. 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. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. He says that the agency's guidelines for using confidential informants are sound. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. for the objects of police raids if things go awry. 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). It often comes to light that things may not be as they seem and this can greatly help your defense. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. It depends. 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. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Here in Mexico, there is no justice, only impunity. 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. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. "There were these code words that the bosses would say to Lalo," Huerta says. He says Lalo was the keeper of the keys. Confidential informants arent the same as anonymous sources or tipsters. 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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. 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. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. With every new body, the smell would hit us it was horrible. But that is the sobering truth of being a CI. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. What Are the Different Types of Injunctions in Florida? Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Eventually, a dozen bodies were unearthed at the site. ICE says it learned some lessons dealing with Lalo. What evidence is needed to make a drug bust? The CI will likely be paying with marked money. and Raul Loya Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. A Bureau of Justice Assistance Monograph. reCAPTCHA and the Google Privacy Policy and 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, Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 0000017958 00000 n 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. The identity of the CI can be necessary to a Defendants defense in their criminal case. Therefore, they wont be able to provide any information. I couldn't believe it," says the DEA's Sandalio Gonzalez. 913, though most called him by the nickname Lalo. There should be an audit trail detail who has seen the true identity and when they saw it. Our son was distraught and frightened and Matt was very reassuring and supportive. Lalo said his actions were necessary to maintain his cover. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Law enforcement will often corroborate a CI's information with consistent observations by officers. 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. 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. Details for individual reviews received before 2009 are not displayed. 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. 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 . A responsive, knowledgeable and skilled attorney. 5. Do not allow any of these things to happen to you. In all, there were 12 victims. confidential relationship is or should be formed by use of the site. 1 ANSWER. 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. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. In the end the police are working for the government and you are left holding the bag. We will review the facts surrounding your unique case and provide you with honest answers. 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. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Even with the promise of payment, the decision to become a CI is very dangerous. In any case, the outcome will most likely benefit you as the defendant. 0000001273 00000 n The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. But he had his reasons for informing on the drug gang. "He would say, 'We're going to have a barbecue.' 3 man in the Juarez cartel. Absolutely. A still from a video in which Lalo talks about his case. 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. Bencomo says the agents were told that Santillan was the No. All these only go to reinforce stereotypes. Terms of Service apply. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. "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.". "I really was doing something good," he said. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Demonstrate any past instances of false or invalidated evidence or information they have provided. We found ourselves against all odds. In this hour of need and when this medical pro Mat was such a relief to our family! Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Penalties for Drug Possession Charges as a Minor. 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. Once I reached out to Matt he was back in touch within the hour. Your access of/to and use But as that investigation started, ICE's prized snitch came under suspicion. You must have an associate's degree and a bachelor's degree in the relevant areas. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. hide caption. Guadalupe Juarez/AFP/Getty Images You may not see or notice the police. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Mathew is really eloquent and smart. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. But in either language, his story is the same. A common myth that is absolutely not true is that confidential informants do not testify in trials. The high court held that reliance on informant testimony implicates . There may be cameras in the location that the deal takes place. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Guadalupe Juarez/AFP/Getty Images It is not like the old school movies where you can see a wire taped under someones shirt. 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. Call 954-845-0505 any time, day or night, to speak with a member of our team. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 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". 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. The guidelines can be used to develop or revise written directives for using and managing informants. The CI is searched before and after the deal by the police. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Understanding motive and motivation. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. Lalo's information was on the mark. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. The state will do its best to not reveal the identity of the CI. 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. 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. 3. Once the case was done, ICE was also done with Lalo. He also tried to get Congress to investigate, but that went nowhere. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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. An exchange for leniency in the charges against the informant generally occurs in these situations. What Is the Difference between Kidnapping and False Imprisonment. Fortunately we have done it for you. 0 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. Possibly, yes. The CI may be required to testify in a trial of the person they are snitching on. This is a common issue people face when working as CIs. An attorney may help you weigh your options. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. I had to go to the restroom and throw up. . Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. But this is nearly non-existent in state cases and rare, at best, in federal cases. 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. 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. 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. xb```Il@r/ 0! 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. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Yes, a felon can be an informant. Share sensitive information only on official, secure websites. 913, though most called him by the nickname Lalo. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. And the devices are constantly evolving and improving. Login. Secondly, know all the versions of the s. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Among the victims were two U.S. residents. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Martindale-Hubbell validates that a reviewer is a person with a valid email address. However, this does not have to be the case. Our consultant Dr John Buckley will be. It can also be risky for the prosecution if they must give the CIs identity to the defense later. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 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. 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. startxref To the U.S. government, he was officially informant No. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. You deserve the same chance at having an excellent legal defense. Official websites use .gov 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 .