Bencomo says the agents were told that Santillan was the No. Law enforcement will often corroborate a CI's information with consistent observations by officers. He says Lalo was the keeper of the keys. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Informants. 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. The content of the responses is entirely from reviewers. If you agree to work with the FBI, you will be . A common myth that is absolutely not true is that confidential informants do not testify in trials. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). Secure .gov websites use HTTPS You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. 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. 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). What Is the Difference between Kidnapping and False Imprisonment. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. But that is the sobering truth of being a CI. Every day that passes is another day that the prosecutors office is working to secure your guilt. Criminal defense attorneys have a host of tools to do this. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Courtesy Texas DMV, U.S. D.O.J. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Can a REDDI Report Be the Legal Basis for a Traffic Stop? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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, Lawyers from our extensive network are ready to answer your question. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. The more specific and detailed, the more likely a court is to accept a CI's information. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Call 954-845-0505 today. The CI may be required to testify in a trial of the person they are snitching on. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. code or county). Among the victims were two U.S. residents. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. The crux revolves around the confidential part of the confidential informant. 0000001889 00000 n
You may feel trapped by serving as a Government informant. My reservations were quickly eased during my initial consultation. 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 relationship. 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 . You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. His performance in court was outstanding and gave me a big victory. 0000000016 00000 n
You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. Sign up. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 0000018883 00000 n
The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. There should be an audit trail detail who has seen the true identity and when they saw it. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. hide caption. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 0000017958 00000 n
A lock ( "We stayed there all night and watched as they pulled out bodies," Magana says. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Active listening for police - a skill for conflict avoidance. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. 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. Matthew and his team made calls and were very persistent. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. and Raul Loya Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. But he had his reasons for informing on the drug gang. hide caption. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. 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. 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. Guadalupe Juarez/AFP/Getty Images The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. ICE says the fault lies with former agent Bencomo, Lalo's handler. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. This is the first time that Bencomo has talked publicly. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. We contacted our attorney in the state where we live and he recommended Matt to us. . 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Visit our attorney directory to find a lawyer near you who can help. His handlers did well, too. The majority of informants are those working off . He says that the agency's guidelines for using confidential informants are sound. No one. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. There are several ways to become an FBI informant. Supplemental Terms. The information may prove to relate to exculpatory evidence. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. But this is nearly non-existent in state cases and rare, at best, in federal cases. Yes, a felon can be an informant. abstract. "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.". 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. 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. Those are . 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. 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. Yes, in some circumstances the police will pay a person to be a CI. 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. "I had to go to the restroom and throw up. Police and prosecutors generally want to keep the identity of their CI a secret. Learn more Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. That's all I'm doing right now.". 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 CI may be working several buy busts before the CIs work is finished with the police. 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. In general, the Government goes to great lengths to not reveal the identity of snitches. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals.