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. We came back night after night to see how many they dug up.". Learning the Identity of a Confidential Informant - Nolo **This website is meant to provide meaningful information, but does not create an attorney-client relationship. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. 0000032775 00000 n If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Demonstrate any past instances of false or invalidated evidence or information they have provided. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. hide caption. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. Understanding motive and motivation. 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. 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 . 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 CI may do controlled buys. This means that the CI will have an agreement with the police. This website is for general informational purposes only. It often comes to light that things may not be as they seem and this can greatly help your defense. Beat a Confidential Information in Philadelphia | Cases with CI Penalties for Drug Possession Charges as a Minor. CONFIDENTIAL INFORMANT | Office of Justice Programs The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. So how can a court find a CI's testimony to be credible? But he had his reasons for informing on the drug gang. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). And the CI must answer the question truthfully or else possibly face sanctions in court. 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. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Confidential Informants > JAG Reporter > Article View Post Matt was available throughout the process for consultations with both my son and his parents. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. This important decision can affect you the rest of your life and possibly even your loved ones or friends. The use of informants by police is essentially unregulated by the courts. 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. 913, though most called him by the nickname Lalo. You can receive an entirely free case evaluation with absolutely no obligation. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. After all, the average CI is a According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. This may result in longer prison sentences and larger fines associated with a conviction. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 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 . By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 913, though most called him by the nickname Lalo. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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. But in Lalo's case, he says, rogue agents didn't properly follow them. 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 true identity of a confidential informant should be strictly limited to an identified number of people. 3. What evidence is needed to make a drug bust? In my mind, he was given a license to kill. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. 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). 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 CI may be charged with a serious drug (or other) criminal offense. Informants. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. in the former, a crime is reported to the police and an investigation is initiated; in the latter . The Client Review Rating score is determined through the aggregation of validated responses. "It hit me like cold water in the face; it just feels terrible. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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. Visit https://www.gustitislaw.com for more information about inform. Details for individual reviews received before 2009 are not displayed. Timeline: An ICE Informant Run Amok Or Mishandled? Visit our attorney directory to find a lawyer near you who can help. 6. I had to go to the restroom and throw up. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Lalo said his actions were necessary to maintain his cover. 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. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. But she did. Secondly, know all the versions of the s. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. "There were these code words that the bosses would say to Lalo," Huerta says. 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. There may be cameras in the location that the deal takes place. Opinion | Want to make a million? Become a DEA informant. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Do not allow any of these things to happen to you. Exculpatory evidence is evidence that could clear the defendant of guilt. There are two opportunities to find out the identity of a confidential informant: before and during trial. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. It hit me like cold water in the face; it just feels terrible. 0000000016 00000 n Please explain why you are flagging this content: * This will flag comments for moderators to take action. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Highlight information that would indicate their dishonesty or bias. 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. You deserve the same chance at having an excellent legal defense. But in either language, his story is the same. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. can you beat a controlled by Case by discrediting the - Avvo When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. The high court held that reliance on informant testimony implicates . The CI will likely be paying with marked money. For a free legal consultation, call 215.515.3360. and Raul Loya. It depends. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Criminal Defense Attorney in Philadelphia. (The capacity for telling lies is called "mendacity," in case you were wondering.) 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. for the objects of police raids if things go awry. You may not see or notice the police. The guidelines can be used to develop or revise written directives for using and managing informants. ZIP 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. 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. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Confidentiality is what makes the informant valuable. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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? Drug smuggling turned out to be the least of Lalo's exploits. If you agree to work with the FBI, you will be . "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. I took the recording and I told my supervisor that I didn't wish to be part of the case.". It can also be risky for the prosecution if they must give the CIs identity to the defense later. This is very wrong and a misconception. Anyone considering being a CI should first talk to a criminal defense attorney. Once the government uses you as a CI, they can be done with you. 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. Copyright 2023 Weinstein Legal. This is a common issue people face when working as CIs. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 0000000966 00000 n Answer (1 of 5): The first thing you need to do is know your enemy. How To Find Out If Someone Is A Police Informant 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. 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. he says. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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 information may prove to relate to exculpatory evidence. Therefore, they wont be able to provide any information. You cant enforce these agreements or conversations. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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. If you need help defending yourself from these cases, our criminal defense firm can help. This is something that can be used to impeach him when he testifies. Stay up-to-date with how the law affects your life. 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. The killings in Juarez took place more than six years ago. It is not like the old school movies where you can see a wire taped under someones shirt. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Those are . I took the recording and I told my supervisor that I didn't wish to be part of the case. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. The state will do its best to not reveal the identity of the CI. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. 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. 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. You may feel trapped by serving as a Government informant. Criminal defense attorneys have a host of tools to do this. The crux revolves around the confidential part of the confidential informant. trailer "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. The CI may be working several buy busts before the CIs work is finished with the police. There are several ways to become an FBI informant. Our consultant Dr John Buckley will be. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. "We stayed there all night and watched as they pulled out bodies," Magana says. We called after our son was arrested for a crime he committed nearly 9 months earlier. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. No, the identity of informants are not public record. "He would say, 'We're going to have a barbecue.' Motives and Motivations of Confidential Informants However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. "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.". Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Once the case was done, ICE was also done with Lalo. The CI is searched before and after the deal by the police. Put crudely . This decision can affect you and others for the rest of your life. Learn more AV Preeminent: The highest peer rating standard. hide caption. Contact us. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. 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. 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. However, the above measures are extra insurance for the police, they are not required. 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. [It is only available to law enforcement.]. <<59BC4FB09E3701468D15B956FB86861C>]>> He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Law enforcement will often corroborate a CI's information with consistent observations by officers. Read More >>. It has been dubbed the House of Death. 142 0 obj<>stream 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. There may be other reasons why the identity of the CI will be revealed. 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. 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." How to Become an FBI Informant | Legal Beagle Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. And gaining a better understanding of what motivates people takes time. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. NPR went there with veteran Juarez crime reporter Carlos Huerta. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Kansas bill would give context about jailhouse informants | The Kansas If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. This is the first time that Bencomo has talked publicly. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Yes, a felon can be an informant. What Is the Difference between Kidnapping and False Imprisonment. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. Lalo's information was on the mark. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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 confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. You must have an associate's degree and a bachelor's degree in the relevant areas. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw