0000000016 00000 n The reason for this is the police use the CI to gain probable cause for your arrest. It all depends on the facts of your case. It hit me like cold water in the face; it just feels terrible. Believe it or not it is legal for law enforcement to pay a government snitch! and Raul Loya Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. No one. And the devices are constantly evolving and improving. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 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. For now, he said, jail is better than the fate he faces in Mexico. 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 . Eventually, a dozen bodies were unearthed at the site. 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. But he had his reasons for informing on the drug gang. It has been dubbed the House of Death. "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. 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. Fabricating a confidential informant can lead to dire consequences. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. 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. 0000001889 00000 n To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. And gaining a better understanding of what motivates people takes time. On the tape, Lalo looks more like a victim than a drug thug. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. 0000001712 00000 n You order drugs from the CI. Criminal Defense Attorney in Philadelphia. What are the different Martindale-Hubbell Peer Review Ratings?*. Therefore, they wont be able to provide any information. startxref and Raul Loya. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Stay up-to-date with how the law affects your life. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. So how can a court find a CI's testimony to be credible? To the U.S. government, he was officially informant No. How Can Mitigation Help Get Me The Lowest Possible Sentence? He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The police have the upper hand on CIs. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. After all, the average CI is a There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. Courtesy Texas DMV, U.S. D.O.J. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Confidentiality is what makes the informant valuable. You will not be able to notice the marks. for the objects of police raids if things go awry. 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. ) or https:// means youve safely connected to the .gov website. It often comes to light that things may not be as they seem and this can greatly help your defense. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Jeralyn Elise Merritt (Unclaimed Profile). My reservations were quickly eased during my initial consultation. And Lalo was with them. there are basically two types of police investigation, reactive and proactive. Lawyers from our extensive network are ready to answer your question. 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. 5. How Much Jail Time for Felony Grand Theft? Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Once the government uses you as a CI, they can be done with you. Lalo wasn't looking to make a deal. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. 0000032339 00000 n Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. So where are we going to find any help if we can't trust the U.S.? 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. 6. This decision can affect you and others for the rest of your life. 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. The agency began deportation proceedings with the intention of sending him back to Mexico. Police and prosecutors generally want to keep the identity of their CI a secret. The purpose of the ruling is to establish an informant . 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. 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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Visit our attorney directory to find a lawyer near you who can help. The feds paid Lalo well: nearly $250,000 over four years. about FindLaws newsletters, including our terms of use and privacy policy. The CI knows he/she is working as a snitch, but you do not. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Fortunately we have done it for you. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. You may not see or notice the police. Courtesy Texas DMV, U.S. D.O.J. 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).
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