Military Spouse Working In Italy, Hanna Chang Tennis College, Articles H

We will review the facts surrounding your unique case and provide you with honest answers. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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 were these code words that the bosses would say to Lalo," Huerta says. Stay up-to-date with how the law affects your life. His performance in court was outstanding and gave me a big victory. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. We contacted our attorney in the state where we live and he recommended Matt to us. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Visit our attorney directory to find a lawyer near you who can help. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. There are legal defenses available to you. 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. The police have the upper hand on CIs. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. listings on the site are paid attorney advertisements. Lalo has been in solitary confinement for more than five years. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. It's also the least painful and expensive. 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? 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 . ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Once the case was done, ICE was also done with Lalo. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. There may be other reasons why the identity of the CI will be revealed. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. The problem is that there is no one to police the police. Highlight information that would indicate their dishonesty or bias. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. We came back night after night to see how many they dug up.". For now, he said, jail is better than the fate he faces in Mexico. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Confidential Informant Testifies as Government Witness. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. I am not saying my child didnt have a breakdown. Courtesy Texas DMV, U.S. D.O.J. 0000032775 00000 n Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. This is very wrong and a misconception. An official website of the United States government, Department of Justice. advice, does not constitute a lawyer referral service, and no attorney-client or An attorney may help you weigh your options. Some people have heard of the witness protection program in movies or TV shows. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 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. Yes, in some circumstances the police will pay a person to be a CI. "And you have to act like a criminal.". Answer (1 of 5): The first thing you need to do is know your enemy. 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. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. "We stayed there all night and watched as they pulled out bodies," Magana says. It is possible to beat drug trafficking charges. "Are you kidding me? 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. How Do You Beat a Drug Trafficking Charge in Florida? For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. 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. This video explains the risks and benefits of working as a police confidential informant. 0000001094 00000 n There are several ways to become an FBI informant. 1 ANSWER. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. AV Preeminent: The highest peer rating standard. [It is only available to law enforcement.]. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. The majority of informants are those working off . Read More >>. This is a common issue people face when working as CIs. NPR went there with veteran Juarez crime reporter Carlos Huerta. Informants nationwide end up beaten, tortured and dead once they're found out. 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. 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). I took the recording and I told my supervisor that I didn't wish to be part of the case. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. A common myth that is absolutely not true is that confidential informants do not testify in trials. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. You must have an associate's degree and a bachelor's degree in the relevant areas. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. "What is wrong with this picture?". 0000017403 00000 n <<59BC4FB09E3701468D15B956FB86861C>]>> Understanding an informants motives for providing information is fundamental to managing them effectively. Bencomo says Lalo was different from other informants. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Is a Confidential Informant Truthful? To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. If CIs were public record, it would put their lives in danger and the lives of their loved ones. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. He explained to my husband and I what my son was facing. Both federal and state law enforcement officers use confidential informants. . Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. So where are we going to find any help if we can't trust the U.S.? "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. If youre worried about how to beat a confidential informant, let the, represent you. "So where are we going to find any help if we can't trust the U.S.?". Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. It is ugly. In the end the police are working for the government and you are left holding the bag. He also helped crack a major international cigarette smuggling ring. Copyright 2023 Weinstein Legal. This important decision can affect you the rest of your life and possibly even your loved ones or friends. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. On the tape, Lalo looks more like a victim than a drug thug. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. 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. But this is nearly non-existent in state cases and rare, at best, in federal cases. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. To the U.S. government, he was officially informant No. 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. "I really was doing something good," he said. Our son was distraught and frightened and Matt was very reassuring and supportive. No, the identity of informants are not public record. 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. Drug smuggling turned out to be the least of Lalo's exploits. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Distinguished: An excellent rating for a lawyer with some experience. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 142 0 obj<>stream The CI may be charged with a serious drug (or other) criminal offense. and Raul Loya 5 Factors Courts Will Consider. Confidentiality is what makes the informant valuable. The use of informants by police is essentially unregulated by the courts. What are the different Martindale-Hubbell Peer Review Ratings?*. 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. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. 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. These guys are El Paso's version of the Keystone Kops," Loya says. and Raul Loya. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. The pros and cons of being a confidential informant. Matthew and his team made calls and were very persistent. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. Mathew is really eloquent and smart. The CI may be required to testify in a trial of the person they are snitching on. 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. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. See are article relating to Missouri's witness protection program and the lack of uptake. Gonzalez lodged a complaint against ICE. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. The feds paid Lalo well: nearly $250,000 over four years. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. You may feel trapped by serving as a Government informant. "It was so horrible. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. A still from a video in which Lalo talks about his case. It is not like the old school movies where you can see a wire taped under someones shirt.