There are several ways to become an FBI informant. All these only go to reinforce stereotypes. Informants. We came back night after night to see how many they dug up.". startxref Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. No one. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Login. Can a felon be a confidential informant? Please explain why you are flagging this content: * This will flag comments for moderators to take action. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. 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. This may result in longer prison sentences and larger fines associated with a conviction. Bencomo says Lalo was different from other informants. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Criminal defense attorneys have a host of tools to do this. With every new body, the smell would hit us it was horrible. 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. 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. Your access of/to and use 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 913, though most called him by the nickname Lalo. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. And Lalo was with them. In all, there were 12 victims. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. 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. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. 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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Yes, a felon can be an informant. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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). Drug smuggling turned out to be the least of Lalo's exploits. Marvin Christensen @MarvinChristensen988. 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? Lalo said his actions were necessary to maintain his cover. This is a common issue people face when working as CIs. 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. Terms of Service apply. 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. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. There may be cameras in the location that the deal takes place. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 0000000576 00000 n I would recommend Justin without reservation to anyone seeking representation. Bencomo was the only one fired as a result of the Lalo fiasco. Stay up-to-date with how the law affects your life. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. How Do You Beat a Drug Trafficking Charge in Florida? Schedule a free consultation today. 0000001094 00000 n Visit https://www.gustitislaw.com for more information about inform. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. "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. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. But he had his reasons for informing on the drug gang. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 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. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. There are legal defenses available to you. In any case, the outcome will most likely benefit you as the defendant. Do not allow any of these things to happen to you. It all depends on the facts of your case. The agency began deportation proceedings with the intention of sending him back to Mexico. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. There must be some legal guarantee that a CI's info is good. 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. 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. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. The CI may be required to testify in a trial of the person they are snitching on. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. But in either language, his story is the same. You may not see or notice the police. Copyright 2023 MH Sub I, LLC dba Internet Brands. In general, the Government goes to great lengths to not reveal the identity of snitches. A still from a video in which Lalo talks about his case. Learn more The use of informants by police is essentially unregulated by the courts. Once the government uses you as a CI, they can be done with you. Why did the chicken cross the road ? This important decision can affect you the rest of your life and possibly even your loved ones or friends. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Confidential Informants can never be 100% protected by the Government or anyone else. On the tape, Lalo looks more like a victim than a drug thug. and Raul Loya. 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 . Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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. 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." Visit our attorney directory to find a lawyer near you who can help. The information provided on this site is not legal 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. The identity of the CI can be necessary to a Defendants defense in their criminal case. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. But she did. 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. Answer (1 of 5): The first thing you need to do is know your enemy. Share sensitive information only on official, secure websites. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. about FindLaws newsletters, including our terms of use and privacy policy. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. You deserve the same chance at having an excellent legal defense. An exchange for leniency in the charges against the informant generally occurs in these situations. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. 0000001540 00000 n Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. 0000018883 00000 n Courtesy Texas DMV, U.S. D.O.J. There should be an audit trail detail who has seen the true identity and when they saw it. advice, does not constitute a lawyer referral service, and no attorney-client or 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. Human motives and motivation is a complex subject with many competing theories. 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. Lalo wasn't looking to make a deal. 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. 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. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. "I really was doing something good," he said. Law enforcement may keep threatening jail or charges unless you work one more deal for them. 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. What evidence is needed to make a drug bust? Some people have heard of the witness protection program in movies or TV shows. It is ugly. trailer ) or https:// means youve safely connected to the .gov website. (The capacity for telling lies is called "mendacity," in case you were wondering.) But this is nearly non-existent in state cases and rare, at best, in federal cases. 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. Therefore, they wont be able to provide any information. The content of the responses is entirely from reviewers. 0000000016 00000 n Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. "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. A simple he-said-she-said backed up with no observations won't be worth much in court. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. Ashok Dhamija <<59BC4FB09E3701468D15B956FB86861C>]>> A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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.
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