There are several ways to become an FBI informant. Please explain why you are flagging this content: * This will flag comments for moderators to take action. hide caption. Call 954-845-0505 today. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Visit https://www.gustitislaw.com for more information about inform. No, the identity of informants are not public record. 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. The majority of informants are those working off . 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. ICE says it learned some lessons dealing with Lalo. You can receive an entirely free case evaluation with absolutely no obligation. "It hit me like cold water in the face; it just feels terrible. There may be cameras in the location that the deal takes place. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Secure .gov websites use HTTPS Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 0000018883 00000 n Saying they have a CI may be a cover for ill-gotten evidence and information. But as that investigation started, ICE's prized snitch came under suspicion. "Are you kidding me? Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Former agent Bencomo remembers listening to the tape. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. [It is only available to law enforcement.]. Absolutely. Contributing to the Delinquency of a Minor. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. 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. This decision can affect you and others for the rest of your life. "In my mind, he was given a license to kill.". It is ugly. 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 he had his reasons for informing on the drug gang. 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. Lalo said his actions were necessary to maintain his cover. 0000032775 00000 n Those are . Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The recording devices used have become very sophisticated and are virtually undetectable. The feds paid Lalo well: nearly $250,000 over four years. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 142 0 obj<>stream 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. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. However, this does not have to be the case. The majority of informants are those working off their own cases. 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. 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. <<59BC4FB09E3701468D15B956FB86861C>]>> The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 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. 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. In any case, the outcome will most likely benefit you as the defendant. There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. "I had to go to the restroom and throw up. 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. There must be some legal guarantee that a CI's info is good. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. 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). 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 . The agency began deportation proceedings with the intention of sending him back to Mexico. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Understanding motive and motivation. Courtesy Raul Loya 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. He also helped crack a major international cigarette smuggling ring. The attorney 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. What Is the Difference between Kidnapping and False Imprisonment. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Can a felon be a confidential informant? 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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. 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. 2. Some informants have personalities that make them difficult to manage. Here in Mexico, there is no justice, only impunity," Magana says. The more specific and detailed, the more likely a court is to accept a CI's information. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. You will not be able to notice the marks. For a free legal consultation, call 215.515.3360. Do not wait to start working on your defense. xb```Il@r/ 0! code or county). Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. 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. 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. 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 you agree to work with the FBI, you will be . will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Stay up-to-date with how the law affects your life. Meeting with a lawyer can help you understand your options and how to best protect your rights. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. Guadalupe Juarez/AFP/Getty Images 913, though most called him by the nickname Lalo. This important decision can affect you the rest of your life and possibly even your loved ones or friends. But during our interview, ICE said that handbook still isn't finished. 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. It is important for law enforcement to protect the credibility of the informant as much as possible. Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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 monograph is organized around the confidential informant's employment . "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. "I believe in some kind of justice, and I think I was doing something good," he said. You cant enforce these agreements or conversations. 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. The required areas are criminal justice, law enforcement, police science, etc. There should be an audit trail detail who has seen the true identity and when they saw it. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 0000000884 00000 n Login. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Confidential informants arent the same as anonymous sources or tipsters. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Courtesy Texas DMV, U.S. D.O.J. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. Saying they have a CI may be a cover for ill-gotten evidence and information. 3 man in the Juarez cartel. 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 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. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. This is very wrong and a misconception. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. You may feel trapped by serving as a Government informant. 913, though most called him by the nickname Lalo. Gonzalez lodged a complaint against ICE. The best way to beat the system and stay out of prison is don't break the law. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Here in Mexico, there is no justice, only impunity. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. He says Lalo was the keeper of the keys. But this is nearly non-existent in state cases and rare, at best, in federal cases. Informants. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. "I really was doing something good," he said. If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. 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. His handlers did well, too. 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. 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. Distinguished: An excellent rating for a lawyer with some experience. Call 954-845-0505 any time, day or night, to speak with a member of our team. "We stayed there all night and watched as they pulled out bodies," Magana says. 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."
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