Eventually, a dozen bodies were unearthed at the site. This website is for general informational purposes only. 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. What Is the Difference between Kidnapping and False Imprisonment. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. xb```Il@r/ 0! If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. And gaining a better understanding of what motivates people takes time. 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? Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 0000018883 00000 n It is possible to beat drug trafficking charges. No, the identity of informants are not public record. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. 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. Lalo wasn't looking to make a deal. If youre worried about how to beat a confidential informant, let the, represent you. And Lalo was with them. 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. Visit our attorney directory to find a lawyer near you who can help. The majority of informants are those working off their own cases. 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. code or county). Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. The CI may be charged with a serious drug (or other) criminal offense. 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. Among the victims were two U.S. residents. 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. So where are we going to find any help if we can't trust the U.S.? When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Is a Confidential Informant Truthful? 0000001273 00000 n Law enforcement may keep threatening jail or charges unless you work one more deal for them. But that is the sobering truth of being a CI. "I don't know if they are going to keep me here for the rest of my life," he said. You deserve the same chance at having an excellent legal defense. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. This is something that can be used to impeach him when he testifies. Here in Mexico, there is no justice, only impunity," Magana says. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. about FindLaws newsletters, including our terms of use and privacy policy. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. You must have an associate's degree and a bachelor's degree in the relevant areas. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. 1 ANSWER. Both federal and state law enforcement officers use confidential informants. That's all I'm doing right now.". 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. You can receive an entirely free case evaluation with absolutely no obligation. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. An attorney may help you weigh your options. However, you need a tireless defense team fighting on your behalf. Login. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. See are article relating to Missouri's witness protection program and the lack of uptake. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. This story was produced for broadcast by Marisa Penaloza. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. Thank you Mathew!! The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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. Lawyers from our extensive network are ready to answer your question. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. AV Preeminent: The highest peer rating standard. (The capacity for telling lies is called "mendacity," in case you were wondering.) It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. You order drugs from the CI. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 0000017403 00000 n 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. Contributing to the Delinquency of a Minor. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. The purpose of the ruling is to establish an informant . You cant enforce these agreements or conversations. 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). A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. 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 says. Put crudely . We found ourselves against all odds. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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? Choosing the right attorney can be the most important step youll ever take. 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 CI is assigned a CI number and agrees to provide information about your case to the police. A. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . There must be some legal guarantee that a CI's info is good. Courtesy Texas DMV, U.S. D.O.J. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Mathew is really eloquent and smart. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. confidential relationship is or should be formed by use of the site. 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. There should be an audit trail detail who has seen the true identity and when they saw it.
