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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The information may prove to relate to exculpatory evidence. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 0000032339 00000 n "It was so horrible. That's all I'm doing right now.". People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Read More >>. 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. It is possible to beat drug trafficking charges. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Informants. Lawyers from our extensive network are ready to answer your question. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Gonzalez lodged a complaint against ICE. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. 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. But in either language, his story is the same. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". An attorney may help you weigh your options. Bencomo says Lalo was different from other informants. 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. It often comes to light that things may not be as they seem and this can greatly help your defense. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 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. 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. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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." 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. Criminal defense attorneys have a host of tools to do this. Law enforcement will often corroborate a CI's information with consistent observations by officers. The crux revolves around the confidential part of the confidential informant. 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 . 129 0 obj <> endobj Confidential Informants can never be 100% protected by the Government or anyone else. about FindLaws newsletters, including our terms of use and privacy policy. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. But she did. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Informants nationwide end up beaten, tortured and dead once they're found out. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Mathew did an amazing job in court. If you agree to work with the FBI, you will be . "We stayed there all night and watched as they pulled out bodies," Magana says. 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. "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.". listings on the site are paid attorney advertisements. For a quick fix solution Wikipedia provides a list of potential motivations. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Lalo's information was on the mark. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. NPR went there with veteran Juarez crime reporter Carlos Huerta. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. LockA locked padlock Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. However, this does not have to be the case. Learn more Do not wait to start working on your defense. 913, though most called him by the nickname Lalo. A responsive, knowledgeable and skilled attorney. The memo stated that those rules would be part of a new policy handbook. he says. Lalo has been in solitary confinement for more than five years. 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. 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. 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. "And you have to act like a criminal.". Your access of/to and use Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Our consultant Dr John Buckley will be. See are article relating to Missouri's witness protection program and the lack of uptake. Lalo said his actions were necessary to maintain his cover. 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. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. %PDF-1.3 % Possess or use a dangerous drug. There is no obligation from the Government to protect you the rest of your life because you served as a CI. And the devices are constantly evolving and improving. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. The guidelines can be used to develop or revise written directives for using and managing informants. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. <<59BC4FB09E3701468D15B956FB86861C>]>> However, you need a tireless defense team fighting on your behalf. 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. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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). If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. You may feel you are being watched. 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. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Timeline: An ICE Informant Run Amok Or Mishandled? Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, 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. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. How credible is the confidential informant? A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. It hit me like cold water in the face; it just feels terrible. To the U.S. government, he was officially informant No. Put crudely . 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. The Drug Enforcement Administration blacklisted him. Therefore, they wont be able to provide any information. He's clean-cut and clearly educated. There are two opportunities to find out the identity of a confidential informant: before and during trial. It's also the least painful and expensive. 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. "It just made me sick," he says. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. His handlers did well, too. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. There must be some legal guarantee that a CI's info is good. 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. 0000032775 00000 n The reason for this is the police use the CI to gain probable cause for your arrest. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. 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. 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. hide caption. What are the different Martindale-Hubbell Peer Review Ratings?*. This may result in longer prison sentences and larger fines associated with a conviction. "I really was doing something good," he said. 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Fabricating a confidential informant can lead to dire consequences. 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? An exchange for leniency in the charges against the informant generally occurs in these situations. 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 confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. In my mind, he was given a license to kill. Copyright 2023 Weinstein Legal. 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 majority of informants are those working off . 1 ANSWER. 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. he really cares and goes beyond 100% to help his clients. Exculpatory evidence is evidence that could clear the defendant of guilt. A Bureau of Justice Assistance Monograph. He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. Ashok Dhamija 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. A lock ( Answer (1 of 5): The first thing you need to do is know your enemy. "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.' 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. How Much Jail Time for Felony Grand Theft? But he had his reasons for informing on the drug gang. This site is protected by 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. Jeralyn Elise Merritt (Unclaimed Profile). Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The CI may do controlled buys. This means that the CI will have an agreement with the police. 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. No one. 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. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Secondly, know all the versions of the s. Visit https://www.gustitislaw.com for more information about inform. Contact Susan Williams today for a free consultation. A still from a video in which Lalo talks about his case. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 129 14 ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. This is something that can be used to impeach him when he testifies. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Courtesy Texas DMV, U.S. D.O.J. 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. But this is nearly non-existent in state cases and rare, at best, in federal cases. Understanding motive and motivation. The Client Review Rating score is determined through the aggregation of validated responses. However, the above measures are extra insurance for the police, they are not required. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Here in Mexico, there is no justice, only impunity. 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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.
Masshealth Staff Directory,
Hauser And Wirth Gallery Assistant Salary,
Rockland Psychiatric Center Staff Directory,
Articles H