Can a REDDI Report Be the Legal Basis for a Traffic Stop? hide caption. Bencomo says Lalo was different from other informants. 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. Contributing to the Delinquency of a Minor. "I had to go to the restroom and throw up. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Your access of/to and use A .gov website belongs to an official government organization in the United States. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. hide caption. 0000000016 00000 n Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. 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. You must have an associate's degree and a bachelor's degree in the relevant areas. Put crudely . In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. How Much Jail Time for Felony Grand Theft? Ashok Dhamija Guadalupe Juarez/AFP/Getty Images "We stayed there all night and watched as they pulled out bodies," Magana says. (The capacity for telling lies is called "mendacity," in case you were wondering.) The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. See are article relating to Missouri's witness protection program and the lack of uptake. He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. There should be an audit trail detail who has seen the true identity and when they saw it. ICE says it learned some lessons dealing with Lalo. Informants. However, you need a tireless defense team fighting on your behalf. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. However, this does not have to be the case. 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 guidelines can be used to develop or revise written directives for using and managing informants. 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. Confidential Informants can never be 100% protected by the Government or anyone else. 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. 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. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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. 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. Copyright 2023 Weinstein Legal. ) or https:// means youve safely connected to the .gov website. 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 . 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. Sign up. 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. The high court held that reliance on informant testimony implicates . The CI must provide 100% honest information. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 0000000576 00000 n "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. The information may prove to relate to exculpatory evidence. So how can a court find a CI's testimony to be credible? But this is nearly non-existent in state cases and rare, at best, in federal cases. He says that the agency's guidelines for using confidential informants are sound. The CI may be required to testify in a trial of the person they are snitching on. I took the recording and I told my supervisor that I didn't wish to be part of the case. There may be other reasons why the identity of the CI will be revealed. 0000001273 00000 n It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. 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. 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. Visit https://www.gustitislaw.com for more information about inform. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 3. 1 ANSWER. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. He is the best !! My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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). 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. Exculpatory evidence is evidence that could clear the defendant of guilt. Gonzalez lodged a complaint against ICE. 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. "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.". The most common way to become an FBI informant is to be approached by the FBI. A lock ( This website is for general informational purposes only. Our son was distraught and frightened and Matt was very reassuring and supportive. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. The required areas are criminal justice, law enforcement, police science, etc. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. 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. Courtesy Raul Loya Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. A. 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. This is very wrong and a misconception. An exchange for leniency in the charges against the informant generally occurs in these situations. [It is only available to law enforcement.]. The crux revolves around the confidential part of the confidential informant. Former agent Bencomo remembers listening to the tape. "And you have to act like a criminal.". It's also the least painful and expensive. No, the identity of informants are not public record. 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. 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 my mind, he was given a license to kill.". Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. However, this does not have to be the case. Identities should be stored in a system with the highest level of security and with Role Based Access Control. The CI knows he/she is working as a snitch, but you do not. Guadalupe Juarez/AFP/Getty Images
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