"I was shocked. ZIP Confidentiality is what makes the informant valuable. You cant enforce these agreements or conversations. That's all I'm doing right now.". The CI will likely be paying with marked money. Lalo said his actions were necessary to maintain his cover. 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. I am not saying my child didnt have a breakdown. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. What are the different Martindale-Hubbell Peer Review Ratings?*. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. It can also be risky for the prosecution if they must give the CIs identity to the defense later. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Lalo's information was on the mark. For a quick fix solution Wikipedia provides a list of potential motivations. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Distinguished: An excellent rating for a lawyer with some experience. Copyright 2023 Weinstein Legal. ICE says the fault lies with former agent Bencomo, Lalo's handler. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. And Lalo was with them. reCAPTCHA and the Google Privacy Policy and 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. 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 0000000576 00000 n
I took the recording and I told my supervisor that I didn't wish to be part of the case. 0000032775 00000 n
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." What evidence is needed to make a drug bust? If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. But this is nearly non-existent in state cases and rare, at best, in federal cases. He's clean-cut and clearly educated. Confidential Informant Testifies as Government Witness. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. But in Lalo's case, he says, rogue agents didn't properly follow them. Contact Susan Williams today for a free consultation. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Timeline: An ICE Informant Run Amok Or Mishandled? But it wasn't just the people of Juarez who were outraged. The police have the upper hand on CIs. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Guadalupe Juarez/AFP/Getty Images Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. This decision can affect you and others for the rest of your life. LockA locked padlock 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. "It hit me like cold water in the face; it just feels terrible. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. The CI is searched before and after the deal by the police. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. Once the government uses you as a CI, they can be done with you. 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 . 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. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . confidential relationship is or should be formed by use of the site. But during our interview, ICE said that handbook still isn't finished. For a free legal consultation, call 215.515.3360. "Are you kidding me? 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. Lalo wasn't looking to make a deal. We contacted our attorney in the state where we live and he recommended Matt to us. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. You must have an associate's degree and a bachelor's degree in the relevant areas. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. and Raul Loya In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. Being a CI is a very dangerous, risky endeavor. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. The CI may be wearing a wire or recording device. 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. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. "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. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Therefore, they wont be able to provide any 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. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. trailer
It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. This site is protected by Martindale-Hubbell validates that a reviewer is a person with a valid email address. hide caption. My reservations were quickly eased during my initial consultation. 0000018883 00000 n
of this site is subject to additional 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. and Raul Loya Confidential informants people who pose. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. Copyright 2022, Thomson Reuters. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. If you need help defending yourself from these cases, our criminal defense firm can help. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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 . Possess a dangerous drug for sale. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. We found ourselves against all odds. The true identity of a confidential informant should be strictly limited to an identified number of people. You may feel you are being watched. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Lalo has been in solitary confinement for more than five years. 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. 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. 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. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 129 14
The problem is that there is no one to police the police. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. "That was the first incident that I ever came across that he was working both sides," Bencomo says. 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. 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. The content of the responses is entirely from reviewers. AV Preeminent: The highest peer rating standard. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Every day that passes is another day that the prosecutors office is working to secure your guilt. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Those are . Human motives and motivation is a complex subject with many competing theories. However, an informant whos been burnt obviously wont be trusted in their typical circles. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. It all depends on the facts of your case. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. hide caption. 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. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 0000000966 00000 n
"He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. The government does not have the resources or time to do this. The guidelines can be used to develop or revise written directives for using and managing informants. 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. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. So how can a court find a CI's testimony to be credible? Our consultant Dr John Buckley will be. Throughout, he maintained consistent communication each step of the way until my case was resolved. 5 Factors Courts Will Consider. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 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. 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. 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.
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