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But it wasn't just the people of Juarez who were outraged. A still from a video in which Lalo talks about his case. But this is nearly non-existent in state cases and rare, at best, in federal cases. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. 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. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 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. You may feel trapped by serving as a Government informant. ZIP A simple he-said-she-said backed up with no observations won't be worth much in court. It all depends on the facts of your case. %PDF-1.3 % However, this does not have to be the case. And the devices are constantly evolving and improving. 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. for the objects of police raids if things go awry. The true identity of a confidential informant should be strictly limited to an identified number of people. The killings in Juarez took place more than six years ago. 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. 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. 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 . Law enforcement may keep threatening jail or charges unless you work one more deal for them. 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. reCAPTCHA and the Google Privacy Policy and That's all I'm doing right now.". code or county). It hit me like cold water in the face; it just feels terrible. The information provided on this site is not legal Anyone considering being a CI should first talk to a criminal defense attorney. This video explains the risks and benefits of working as a police confidential informant. No one. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. What evidence is needed to make a drug bust? Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. The CI knows he/she is working as a snitch, but you do not. and Raul Loya. 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. hide caption. Police and prosecutors generally want to keep the identity of their CI a secret. 142 0 obj<>stream The high court held that reliance on informant testimony implicates . The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. It's also the least painful and expensive. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Defending Against Informants in Drug Sales Cases | Ray Kimble Courtesy Texas DMV, U.S. D.O.J. It depends. The monograph is organized around the confidential informant's employment . AV Preeminent: The highest peer rating standard. This story was produced for broadcast by Marisa Penaloza. Being a CI is a very dangerous, risky endeavor. It is ugly. 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. But he had his reasons for informing on the drug gang. Believe it or not it is legal for law enforcement to pay a government snitch! Former agent Bencomo remembers listening to the tape. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Skip to content. he really cares and goes beyond 100% to help his clients. He is the best !! 3. 0000017403 00000 n If you agree to work with the FBI, you will be . A. 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. There may be other reasons why the identity of the CI will be revealed. A common myth that is absolutely not true is that confidential informants do not testify in trials. The recording devices used have become very sophisticated and are virtually undetectable. Criminal defense attorneys have a host of tools to do this. It can also be risky for the prosecution if they must give the CIs identity to the defense later. You may not see or notice the police. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. However, the above measures are extra insurance for the police, they are not required. xref 0000001273 00000 n Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Understanding an informants motives for providing information is fundamental to managing them effectively. How to Beat a Drug Trafficking Charge in Florida Typically, the process requires that the confidential informant be thoroughly searched before going into the controlled buy to ensure they are not already in possession of any drugs. 0000032339 00000 n PDF The Attorney General'S Guidelines Regarding the Use of - Ignet "It was so horrible. Fortunately we have done it for you. "There were these code words that the bosses would say to Lalo," Huerta says. Experts explain how confidential informants infect the - Inlander The CI may be charged with a serious drug (or other) criminal offense. So where are we going to find any help if we can't trust the U.S.? To the U.S. government, he was officially informant No. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Supplemental Terms. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. The Client Review Rating score is determined through the aggregation of validated responses. 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. Highlight information that would indicate their dishonesty or bias. CONFIDENTIAL INFORMANT | Office of Justice Programs Stay up-to-date with how the law affects your life. What Is a Confidential Informant? - Randall & Stump, Criminal Defense 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. His handlers did well, too. "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.". 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. We found ourselves against all odds. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Bencomo says the agents were told that Santillan was the No. It is not like the old school movies where you can see a wire taped under someones shirt. 6. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 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. 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. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. If youre worried about how to beat a confidential informant, let the, represent you. Choosing the right attorney can be the most important step youll ever take. 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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 913, though most called him by the nickname Lalo. Confidentiality is what makes the informant valuable. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Here in Mexico, there is no justice, only impunity," Magana says. Contact us. Mathew did an amazing job in court. I took the recording and I told my supervisor that I didn't wish to be part of the case. Confidential Informants > JAG Reporter > Article View Post If you need help defending yourself from these cases, our criminal defense firm can help. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. and Raul Loya Confidential informants people who pose. I couldn't believe it," says the DEA's Sandalio Gonzalez. Jeralyn Elise Merritt (Unclaimed Profile). 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. Learning the Identity of a Confidential Informant - Nolo The government does not have the resources or time to do this. Details for individual reviews received before 2009 are not displayed. 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. There are several ways to become an FBI informant. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. [It is only available to law enforcement.]. 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. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . Courtesy Raul Loya The CI will contact you or maybe you contact the CI. 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. Do not wait to start working on your defense. Distinguished: An excellent rating for a lawyer with some experience. You deserve the same chance at having an excellent legal defense. Both federal and state law enforcement officers use confidential informants. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. You may feel you are being watched. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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. The crux revolves around the confidential part of the confidential informant. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. To the U.S. government, he was officially informant No. The police can use information gained from the CI about you that the Government can use when prosecuting your case. The attorney will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. The state will do its best to not reveal the identity of the CI. But in either language, his story is the same. This is very wrong and a misconception. Your access of/to and use The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. The government could decide to charge someone who does that with obstruction of justice, among other things. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. "What is wrong with this picture?". Beat a Confidential Information in Philadelphia | Cases with CI That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Put crudely . "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.' And he didn't need the money he was already making plenty in Juarez's drug trade. Are Confidential Informants Credible? They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. In general, the Government goes to great lengths to not reveal the identity of snitches. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. 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 .