Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. The government could decide to charge someone who does that with obstruction of justice, among other things. How To Beat A Confidential Informant - Wakelet He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. How to beat a confidential informant - Quora But this is nearly non-existent in state cases and rare, at best, in federal cases. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Once the government uses you as a CI, they can be done with you. 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. 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. . The best way to beat the system and stay out of prison is don't break the law. Fortunately we have done it for you. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Contributing to the Delinquency of a Minor. This decision can affect you and others for the rest of your life. How Can Mitigation Help Get Me The Lowest Possible Sentence? It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. You cant enforce these agreements or conversations. You may feel trapped by serving as a Government informant. "I don't know if they are going to keep me here for the rest of my life," he said. Law enforcement will often corroborate a CI's information with consistent observations by officers. What evidence is needed to make a drug bust? 3 man in the Juarez cartel. Stay up-to-date with how the law affects your life. 913, though most called him by the nickname Lalo. Bencomo was the only one fired as a result of the Lalo fiasco. 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. Human motives and motivation is a complex subject with many competing theories. ZIP These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . The reason for this is the police use the CI to gain probable cause for your arrest. Motives and Motivations of Confidential Informants Confidential Informants - Law Office of Perry A. Craft PLLC Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. confidential relationship is or should be formed by use of the site. CONFIDENTIAL INFORMANTS - Official FBIretired Website 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. Both federal and state law enforcement officers use confidential informants. Every day that passes is another day that the prosecutors office is working to secure your guilt. 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. 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. To the U.S. government, he was officially informant No. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. The more specific and detailed, the more likely a court is to accept a CI's information. This important decision can affect you the rest of your life and possibly even your loved ones or friends. What Are the Different Types of Injunctions in Florida? For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Guadalupe Juarez/AFP/Getty Images "I had to go to the restroom and throw up. My reservations were quickly eased during my initial consultation. In my mind, he was given a license to kill. 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 . Police and prosecutors generally want to keep the identity of their CI a secret. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 913, though most called him by the nickname Lalo. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. 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. But that is the sobering truth of being a CI. But he had his reasons for informing on the drug gang. Police and prosecutors generally want to keep the identity of their CI a secret. On the tape, Lalo looks more like a victim than a drug thug. The Drug Enforcement Administration blacklisted him. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. about FindLaws newsletters, including our terms of use and privacy policy. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. ) or https:// means youve safely connected to the .gov website. How to discredit a confidential informant during a criminal trial - Quora Yes, a felon can be an informant. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. A lock ( Bencomo says the agents were told that Santillan was the No. 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. There may be other reasons why the identity of the CI will be revealed. "What is wrong with this picture?". "It hit me like cold water in the face; it just feels terrible. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. 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. xref However, an informant whos been burnt obviously wont be trusted in their typical circles. Eventually, a dozen bodies were unearthed at the site. can you beat a controlled by Case by discrediting the - Avvo Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. All rights reserved.|Disclaimer|Privacy policy. So where are we going to find any help if we can't trust the U.S.? The state will do its best to not reveal the identity of the CI. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. Answer (1 of 5): The first thing you need to do is know your enemy. 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. The CI may be working several buy busts before the CIs work is finished with the police. "He would say, 'We're going to have a barbecue.' The Use of 'Confidential Informants' Can Lead to Unnecessary and **This website is meant to provide meaningful information, but does not create an attorney-client relationship. hide caption. The use of informants by police is essentially unregulated by the courts. CONFIDENTIAL INFORMANT | Office of Justice Programs The recording devices used have become very sophisticated and are virtually undetectable. 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? 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. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Martindale-Hubbell validates that a reviewer is a person with a valid email address. The memo stated that those rules would be part of a new policy handbook. Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. 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. 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. 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. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. listings on the site are paid attorney advertisements. However, the above measures are extra insurance for the police, they are not required. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. Drug Informants: Motives, Methods, and Management 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. Secure .gov websites use HTTPS By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. This is the first time that Bencomo has talked publicly. The content of the responses is entirely from reviewers. Drug Use and The Use of a Confidential Informant | Ketcham Law Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. "I believe in some kind of justice, and I think I was doing something good," he said. As with most things in the legal world, knowing how to beat a CI depends on your case. This is something that can be used to impeach him when he testifies. %%EOF The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. Are Confidential Informants Credible? "I really was doing something good," he said. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. Bencomo says Lalo was different from other informants. Absolutely. [It is only available to law enforcement.]. 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. Copyright 2022, Thomson Reuters. 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. A still from a video in which Lalo talks about his case. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw "There were these code words that the bosses would say to Lalo," Huerta says. reCAPTCHA and the Google Privacy Policy and 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. Skip to content. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. For a quick fix solution Wikipedia provides a list of potential motivations. The CI may be wearing a wire or recording device. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. It is ugly. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. xb```Il@r/ 0! This is a common issue people face when working as CIs. These guys are El Paso's version of the Keystone Kops," Loya says. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. A. Fabricating a confidential informant can lead to dire consequences. 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. Courtesy Raul Loya Once the case was done, ICE was also done with Lalo. Saying they have a CI may be a cover for ill-gotten evidence and information. The information provided on this site is not legal 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. How credible is the confidential informant? Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Police techniques for recruiting and running informants revealed The CI may be required to testify in a trial of the person they are snitching on. The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. Demonstrate any past instances of false or invalidated evidence or information they have provided. 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 explained to my husband and I what my son was facing. Lalo said his actions were necessary to maintain his cover. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. "We stayed there all night and watched as they pulled out bodies," Magana says. 0000017403 00000 n Should You Work as a Police Confidential Informant? Defense - YouTube Among the victims were two U.S. residents. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. It hit me like cold water in the face; it just feels terrible. Schedule a free consultation today. 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. The pros and cons of being a confidential informant. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. He says that the agency's guidelines for using confidential informants are sound. 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. Timeline: An ICE Informant Run Amok Or Mishandled? ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. "It just made me sick," he says. How to Become an FBI Informant | Legal Beagle It has been dubbed the House of Death. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. he says. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The CI is searched before and after the deal by the police. 0000000576 00000 n There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. You may feel you are being watched. It is not like the old school movies where you can see a wire taped under someones shirt. The CI will contact you or maybe you contact the CI. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Secondly, know all the versions of the s. 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. The feds paid Lalo well: nearly $250,000 over four years. 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. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. What Is a Confidential Informant? - Randall & Stump, Criminal Defense This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. But during our interview, ICE said that handbook still isn't finished.