It often comes to light that things may not be as they seem and this can greatly help your defense. This may result in longer prison sentences and larger fines associated with a conviction. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. 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. Yes, a felon can be an informant. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. The CI may do controlled buys. This means that the CI will have an agreement with the police. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 0000017958 00000 n 0000001889 00000 n Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. You can receive an entirely free case evaluation with absolutely no obligation. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. How experts say to reform the confidential informant - KSAT 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. listings on the site are paid attorney advertisements. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Please explain why you are flagging this content: * This will flag comments for moderators to take action. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. This is the first time that Bencomo has talked publicly. So how can a court find a CI's testimony to be credible? Learning the Identity of a Confidential Informant - Nolo 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. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Courtesy Texas DMV, U.S. D.O.J. But it wasn't just the people of Juarez who were outraged. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Active listening for police - a skill for conflict avoidance. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Understanding an informants motives for providing information is fundamental to managing them effectively. A responsive, knowledgeable and skilled attorney. My reservations were quickly eased during my initial consultation. 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. In this hour of need and when this medical pro Mat was such a relief to our family! ICE says the fault lies with former agent Bencomo, Lalo's handler. The feds paid Lalo well: nearly $250,000 over four years. Secondly, know all the versions of the s. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. "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 would recommend Justin without reservation to anyone seeking representation. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. 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. 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. And Lalo was with them. 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. Defending Against Informants in Drug Sales Cases | Ray Kimble The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. %PDF-1.3 % Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. He also helped crack a major international cigarette smuggling ring. 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 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. 3. Demonstrate any past instances of false or invalidated evidence or information they have provided. We will review the facts surrounding your unique case and provide you with honest answers. Bencomo says Lalo was different from other informants. 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. 0000001273 00000 n How credible is the confidential informant? MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs 0000032775 00000 n All these only go to reinforce stereotypes. CONFIDENTIAL INFORMANT | Office of Justice Programs 129 14 LockA locked padlock Copyright 2022, Thomson Reuters. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. He says that the agency's guidelines for using confidential informants are sound. xref In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Mathew did an amazing job in court. 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. How to discredit a confidential informant during a criminal trial - Quora PDF The Attorney General'S Guidelines Regarding the Use of - Ignet 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' Meeting with a lawyer can help you understand your options and how to best protect your rights. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. We contacted our attorney in the state where we live and he recommended Matt to us. The problem is that there is no one to police the police. Here in Mexico, there is no justice, only impunity. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices On the tape, Lalo looks more like a victim than a drug thug. He is the best !! Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Motives and Motivations of Confidential Informants A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 0000017403 00000 n Visit our attorney directory to find a lawyer near you who can help. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". How to Become an FBI Informant | Legal Beagle 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. 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. 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. Once I reached out to Matt he was back in touch within the hour. 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. and Raul Loya Confidential informants people who pose. "I don't know if they are going to keep me here for the rest of my life," he said. 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. "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. 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. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. But in Lalo's case, he says, rogue agents didn't properly follow them. advice, does not constitute a lawyer referral service, and no attorney-client or 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Copyright 2023 MH Sub I, LLC dba Internet Brands. Mathew is really eloquent and smart. 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. Eventually, a dozen bodies were unearthed at the site. 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. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Possess a dangerous drug for sale.
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