how to beat a confidential informant

That's all I'm doing right now.". 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. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. An official website of the United States government, Department of Justice. 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. 0000000016 00000 n The feds paid Lalo well: nearly $250,000 over four years. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. "Are you kidding me? Theres another reason police may want to keep the identity of their informant a secret: they dont have one. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. A. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. "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.' Courtesy Texas DMV, U.S. D.O.J. "I really was doing something good," he said. 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 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. 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. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. See are article relating to Missouri's witness protection program and the lack of uptake. Ashok Dhamija "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. 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. 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? "He would say, 'We're going to have a barbecue.' It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. This is a common issue people face when working as CIs. I took the recording and I told my supervisor that I didn't wish to be part of the case.". This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. 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? Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. After all, the average CI is a In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Lawyers from our extensive network are ready to answer your question. 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. Courtesy Texas DMV, U.S. D.O.J. It's also the least painful and expensive. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. Understanding an informants motives for providing information is fundamental to managing them effectively. Your access of/to and use 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. Active listening for police - a skill for conflict avoidance. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Call 954-845-0505 any time, day or night, to speak with a member of our team. The CI is assigned a CI number and agrees to provide information about your case to the police. The CI will contact you or maybe you contact the CI. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. If you agree to work with the FBI, you will be . Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. This may result in longer prison sentences and larger fines associated with a conviction. Understanding motive and motivation. 0000018883 00000 n Do not wait to start working on your defense. In general, the Government goes to great lengths to not reveal the identity of snitches. But he had his reasons for informing on the drug gang. The monograph is organized around the confidential informant's employment . CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 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. It is possible to beat drug trafficking charges. Among the victims were two U.S. residents. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. I would recommend Justin without reservation to anyone seeking representation. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. 142 0 obj<>stream This is something that can be used to impeach him when he testifies. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. Visit our attorney directory to find a lawyer near you who can help. 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. ICE says the fault lies with former agent Bencomo, Lalo's handler. "I don't know if they are going to keep me here for the rest of my life," he said. "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. 913, though most called him by the nickname Lalo. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 0000000576 00000 n ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Identities should be stored in a system with the highest level of security and with Role Based Access Control. 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. "I had to go to the restroom and throw up. How credible is the confidential informant? If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. 6. 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. 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 . In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. listings on the site are paid attorney advertisements. It hit me like cold water in the face; it just feels terrible. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. It has been dubbed the House of Death. A common myth that is absolutely not true is that confidential informants do not testify in trials. 0000001094 00000 n Mathew did an amazing job in court. He says that the agency's guidelines for using confidential informants are sound. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Confidential Informants can never be 100% protected by the Government or anyone else. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. 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. Login. But that is the sobering truth of being a CI. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Throughout, he maintained consistent communication each step of the way until my case was resolved. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The police can use information gained from the CI about you that the Government can use when prosecuting your case. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. What Is the Difference between Kidnapping and False Imprisonment. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. However, an informant whos been burnt obviously wont be trusted in their typical circles. Law enforcement may keep threatening jail or charges unless you work one more deal for them. 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 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. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. "In my mind, he was given a license to kill.". 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 the former, a crime is reported to the police and an investigation is initiated; in the latter . There are several ways to become an FBI informant. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. To the U.S. government, he was officially informant No. There may be cameras in the location that the deal takes place. He says Lalo was the keeper of the keys. Demonstrate any past instances of false or invalidated evidence or information they have provided. 0000000966 00000 n Eventually, a dozen bodies were unearthed at the site. Former agent Bencomo remembers listening to the tape. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Lalo wasn't looking to make a deal. 0 If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. You will not be able to notice the marks. The CI may be required to testify in a trial of the person they are snitching on. The information provided on this site is not legal No one. You may not see or notice the police. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Highlight information that would indicate their dishonesty or bias. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Thus, a court needs some basis for a CI's allegations. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. hide caption. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Possibly, yes. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. There should be an audit trail detail who has seen the true identity and when they saw it. 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. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Do not allow any of these things to happen to you. The majority of informants are those working off their own cases. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Supplemental Terms. 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. This is the first time that Bencomo has talked publicly. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. %PDF-1.3 % there are basically two types of police investigation, reactive and proactive. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. The CI knows he/she is working as a snitch, but you do not. Believe it or not it is legal for law enforcement to pay a government snitch! "And you have to act like a criminal.". We came back night after night to see how many they dug up.". Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. The problem is that there is no one to police the police. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. I took the recording and I told my supervisor that I didn't wish to be part of the case. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. You may feel you are being watched. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. 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. 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. Our consultant Dr John Buckley will be. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. of this site is subject to additional With every new body, the smell would hit us it was horrible. 3. hide caption. As with most things in the legal world, knowing how to beat a CI depends on your case. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. A simple he-said-she-said backed up with no observations won't be worth much in court. A person shall not knowingly: 1. The high court held that reliance on informant testimony implicates . If CIs were public record, it would put their lives in danger and the lives of their loved ones. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Once the case was done, ICE was also done with Lalo. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. 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. 0000001889 00000 n The Drug Enforcement Administration blacklisted him. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Copyright 2023 MH Sub I, LLC dba Internet Brands. In the end the police are working for the government and you are left holding the bag. What are the different Martindale-Hubbell Peer Review Ratings?*. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? Mathew is really eloquent and smart. Call 954-845-0505 today. Meeting with a lawyer can help you understand your options and how to best protect your rights. and Raul Loya. It can also be risky for the prosecution if they must give the CIs identity to the defense later. My reservations were quickly eased during my initial consultation. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Confidentiality is what makes the informant valuable. Therefore, they wont be able to provide any information. We will review the facts surrounding your unique case and provide you with honest answers. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. 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. The most common way to become an FBI informant is to be approached by the FBI. The Client Review Rating score is determined through the aggregation of validated responses. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. So where are we going to find any help if we can't trust the U.S.? The pros and cons of being a confidential informant. "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.". Fortunately we have done it for you. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 0000001540 00000 n The attorney Informants nationwide end up beaten, tortured and dead once they're found out. Eventually, a dozen bodies were unearthed at the site. 0000017403 00000 n We found ourselves against all odds. 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. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. However, this does not have to be the case. In this hour of need and when this medical pro Mat was such a relief to our family! How Much Jail Time for Felony Grand Theft? 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. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". In my mind, he was given a license to kill. 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.