Those are . Once I reached out to Matt he was back in touch within the hour. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. The police have the upper hand on CIs. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. A .gov website belongs to an official government organization in the United States. Our consultant Dr John Buckley will be. It often comes to light that things may not be as they seem and this can greatly help your defense. Fortunately we have done it for you. ICE says the fault lies with former agent Bencomo, Lalo's handler. He's clean-cut and clearly educated. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. I took the recording and I told my supervisor that I didn't wish to be part of the case. 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. 0000000966 00000 n As with most things in the legal world, knowing how to beat a CI depends on your case. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. How Do You Beat a Drug Trafficking Charge in Florida? Yes, a felon can be an informant. This may result in longer prison sentences and larger fines associated with a conviction. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. hide caption. 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. 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. This is the first time that Bencomo has talked publicly. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. 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. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. "We stayed there all night and watched as they pulled out bodies," Magana says. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. For now, he said, jail is better than the fate he faces in Mexico. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. But in either language, his story is the same. The majority of informants are those working off . Guadalupe Juarez/AFP/Getty Images We came back night after night to see how many they dug up.". Lalo has been in solitary confinement for more than five years. It is not like the old school movies where you can see a wire taped under someones shirt. 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. Should You Work as a Police Confidential Informant? Defense - YouTube startxref "Are you kidding me? 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. Confidentiality is what makes the informant valuable. The true identity of a confidential informant should be strictly limited to an identified number of people. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. hide caption. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. In this hour of need and when this medical pro Mat was such a relief to our family! Raul Bencomo, then an agent with U.S. Customs, assigned code No. 0000000016 00000 n Ashok Dhamija See are article relating to Missouri's witness protection program and the lack of uptake. How To Find Out If Someone Is A Police Informant You may feel trapped by serving as a Government informant. 0000000884 00000 n There are two opportunities to find out the identity of a confidential informant: before and during trial. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). 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? 0 Answer (1 of 5): The first thing you need to do is know your enemy. 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. "In my mind, he was given a license to kill.". and Raul Loya Confidential informants people who pose. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Therefore, they wont be able to provide any information. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 0000017403 00000 n 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. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. His sincerity, empathy and commitment to advocating on my behalf were apparent. Among the victims were two U.S. residents. And the CI must answer the question truthfully or else possibly face sanctions in court. he really cares and goes beyond 100% to help his clients. 2. Courtesy Raul Loya I am not saying my child didnt have a breakdown. Police and prosecutors generally want to keep the identity of their CI a secret. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. %PDF-1.3 % 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 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. Bencomo was the only one fired as a result of the Lalo fiasco. 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. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. 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. His handlers did well, too. trailer Read More >>. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. It is important for law enforcement to protect the credibility of the informant as much as possible. But this is nearly non-existent in state cases and rare, at best, in federal cases. The CI is assigned a CI number and agrees to provide information about your case to the police. The guidelines can be used to develop or revise written directives for using and managing informants. A simple he-said-she-said backed up with no observations won't be worth much in court. Call 954-845-0505 any time, day or night, to speak with a member of our team. Here in Mexico, there is no justice, only impunity," Magana says. 1 ANSWER. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". reCAPTCHA and the Google Privacy Policy and Opinion | Want to make a million? Become a DEA informant. Choosing the right attorney can be the most important step youll ever take. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Anyone considering being a CI should first talk to a criminal defense attorney. So how can a court find a CI's testimony to be credible? The purpose of the ruling is to establish an informant . "I was shocked. 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. Call 954-845-0505 today. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. ICE says it learned some lessons dealing with Lalo. NPR went there with veteran Juarez crime reporter Carlos Huerta. Share sensitive information only on official, secure websites. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. Schedule a free consultation today. Yes, a felon can be an informant. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. I would recommend Justin without reservation to anyone seeking representation. Official websites use .gov CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 0000001712 00000 n How credible is the confidential informant? Yes, in some circumstances the police will pay a person to be a CI. We called after our son was arrested for a crime he committed nearly 9 months earlier. He explained to my husband and I what my son was facing. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt . "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. 0000001273 00000 n 0000001540 00000 n There is no obligation from the Government to protect you the rest of your life because you served as a CI. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. Visit our attorney directory to find a lawyer near you who can help. Timeline: An ICE Informant Run Amok Or Mishandled? 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. This decision can affect you and others for the rest of your life. 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. You deserve the same chance at having an excellent legal defense. To the U.S. government, he was officially informant No. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Former agent Bencomo remembers listening to the tape. he says. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. It hit me like cold water in the face; it just feels terrible. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law The state will do its best to not reveal the identity of the CI. With every new body, the smell would hit us it was horrible. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. He says Lalo was the keeper of the keys. 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. He also tried to get Congress to investigate, but that went nowhere. Put crudely . Informants. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Learn more There may be other reasons why the identity of the CI will be revealed. 129 0 obj <> endobj The CI may be wearing a wire or recording device. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. A. 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. Confidential Informants can never be 100% protected by the Government or anyone else. 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. "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.' Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). xb```Il@r/ 0! A Bureau of Justice Assistance Monograph. 0000032775 00000 n a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. An attorney may help you weigh your options. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Once the case was done, ICE was also done with Lalo. Contributing to the Delinquency of a Minor. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. His performance in court was outstanding and gave me a big victory. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. "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.". Law enforcement may keep threatening jail or charges unless you work one more deal for them. ) or https:// means youve safely connected to the .gov website. Possess or use a dangerous drug. A responsive, knowledgeable and skilled attorney. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Drug Use and The Use of a Confidential Informant | Ketcham Law Beat a Confidential Information in Philadelphia | Cases with CI Absolutely. 913, though most called him by the nickname Lalo. There may be cameras in the location that the deal takes place. 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. It depends. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". 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.

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