With every new body, the smell would hit us it was horrible. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. This important decision can affect you the rest of your life and possibly even your loved ones or friends. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. An attorney may help you weigh your options. "In my mind, he was given a license to kill.". code or county). If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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 agency began deportation proceedings with the intention of sending him back to Mexico. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. But he had his reasons for informing on the drug gang. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Jeralyn Elise Merritt (Unclaimed Profile). Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. A few other articles found on the internet will give an expanded version of that list. Possibly, yes. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. CONFIDENTIAL INFORMANTS - Official FBIretired Website MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs It hit me like cold water in the face; it just feels terrible. Ashok Dhamija When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Gonzalez lodged a complaint against ICE. 0000017958 00000 n A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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. The agent may be calling you at odd hours and making unreasonable requests that put you or 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. The killings in Juarez took place more than six years ago. PDF Confidential Informants: Protecting Their Identity The state will do its best to not reveal the identity of the CI. 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. Timeline: An ICE Informant Run Amok Or Mishandled? There may be other reasons why the identity of the CI will be revealed. This site is protected by A Bureau of Justice Assistance Monograph. 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. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". How to beat a confidential informant - Quora How Much Jail Time for Felony Grand Theft? "We stayed there all night and watched as they pulled out bodies," Magana says. Courtesy Texas DMV, U.S. D.O.J. No, the identity of informants are not public record. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. But in Lalo's case, he says, rogue agents didn't properly follow them. All these only go to reinforce stereotypes. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. "I really was doing something good," he said. You must have an associate's degree and a bachelor's degree in the relevant areas. A simple he-said-she-said backed up with no observations won't be worth much in court. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Drug Use and The Use of a Confidential Informant | Ketcham Law A. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Terms of Service apply. "It just made me sick," he says. 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 capacity for telling lies is called "mendacity," in case you were wondering.) The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. 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. Identities should be stored in a system with the highest level of security and with Role Based Access Control. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. This is very wrong and a misconception. 3. For now, he said, jail is better than the fate he faces in Mexico. 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. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Martindale-Hubbell validates that a reviewer is a person with a valid email address. Contact Susan Williams today for a free consultation. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Can a REDDI Report Be the Legal Basis for a Traffic Stop? I took the recording and I told my supervisor that I didn't wish to be part of the case.". Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. This website is for general informational purposes only. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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). If CIs were public record, it would put their lives in danger and the lives of their loved ones. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. How to Become a Confidential Informant | Mental Itch "It hit me like cold water in the face; it just feels terrible. We called after our son was arrested for a crime he committed nearly 9 months earlier. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. he really cares and goes beyond 100% to help his clients. Anyone considering being a CI should first talk to a criminal defense attorney. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Answer (1 of 5): The first thing you need to do is know your enemy. The Drug Enforcement Administration blacklisted him. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. In general, the Government goes to great lengths to not reveal the identity of snitches. This is a common issue people face when working as CIs. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Informants nationwide end up beaten, tortured and dead once they're found out. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. See are article relating to Missouri's witness protection program and the lack of uptake. 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. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. This is something that can be used to impeach him when he testifies. The CI may be charged with a serious drug (or other) criminal offense. How Can Mitigation Help Get Me The Lowest Possible Sentence? 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 913, though most called him by the nickname Lalo. A lock ( As with most things in the legal world, knowing how to beat a CI depends on your case. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 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." . Law enforcement will often corroborate a CI's information with consistent observations by officers. 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 my mind, he was given a license to kill. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. On the tape, Lalo looks more like a victim than a drug thug. advice, does not constitute a lawyer referral service, and no attorney-client or Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. In all, there were 12 victims. The content of the responses is entirely from reviewers. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. How the FBI Conceals Its Payments to Confidential Sources 0000032775 00000 n Informants. 0000000016 00000 n 6. Copyright 2022, Thomson Reuters. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. 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. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. "That was the first incident that I ever came across that he was working both sides," Bencomo says. 0 On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. So how can a court find a CI's testimony to be credible? He says that the agency's guidelines for using confidential informants are sound. Lalo wasn't looking to make a deal. Lalo said his actions were necessary to maintain his cover. The police can use information gained from the CI about you that the Government can use when prosecuting your case. This field is for validation purposes and should be left unchanged. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The CI may be working several buy busts before the CIs work is finished with the police. 0000017403 00000 n Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. "I was shocked. 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. And gaining a better understanding of what motivates people takes time. Among the victims were two U.S. residents. 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. 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. The government does not have the resources or time to do this. The best way to beat the system and stay out of prison is don't break the law. Law enforcement may keep threatening jail or charges unless you work one more deal for them. But this is nearly non-existent in state cases and rare, at best, in federal cases. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Bencomo was the only one fired as a result of the Lalo fiasco. However, the above measures are extra insurance for the police, they are not required. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. The CI will likely be paying with marked money. The majority of informants are those working off . Lawyers from our extensive network are ready to answer your question. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. He says Lalo was the keeper of the keys. Opinion | Want to make a million? Become a DEA informant. There are several ways to become an FBI informant. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Police and prosecutors generally want to keep the identity of their CI a secret. Should You Work as a Police Confidential Informant? Defense - YouTube The required areas are criminal justice, law enforcement, police science, etc. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry.
