Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. The use of informants by police is essentially unregulated by the courts. 0000000016 00000 n A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. Demonstrate any past instances of false or invalidated evidence or information they have provided. The feds paid Lalo well: nearly $250,000 over four years. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. And the devices are constantly evolving and improving. ICE says the fault lies with former agent Bencomo, Lalo's handler. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. Thus, a court needs some basis for a CI's allegations. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Understanding an informants motives for providing information is fundamental to managing them effectively. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Possess or use a dangerous drug. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. The CI will contact you or maybe you contact the CI. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Courtesy Raul Loya In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. Among the victims were two U.S. residents. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. There is no obligation from the Government to protect you the rest of your life because you served as a CI. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. That's all I'm doing right now.". ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Criminal defense attorneys have a host of tools to do this. 2. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Do not wait to start working on your defense. The problem is that there is no one to police the police. Courtesy Texas DMV, U.S. D.O.J. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. This is the first time that Bencomo has talked publicly. 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. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. You cant enforce these agreements or conversations. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. 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. Confidential Informants can never be 100% protected by the Government or anyone else. 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. The agency began deportation proceedings with the intention of sending him back to Mexico. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Copyright 2022, Thomson Reuters. There may be cameras in the location that the deal takes place. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Supplemental Terms. You will not be able to notice the marks. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. It hit me like cold water in the face; it just feels terrible. In this hour of need and when this medical pro Mat was such a relief to our family! 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. "I don't know if they are going to keep me here for the rest of my life," he said. Here in Mexico, there is no justice, only impunity," Magana says. Is a Confidential Informant Truthful? "We stayed there all night and watched as they pulled out bodies," Magana says. 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 we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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). Understanding motive and motivation. Once the government uses you as a CI, they can be done with you. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. 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. Even with the promise of payment, the decision to become a CI is very dangerous. Highlight information that would indicate their dishonesty or bias. 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. How Much Jail Time for Felony Grand Theft? Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Mathew did an amazing job in court. But it wasn't just the people of Juarez who were outraged. Fabricating a confidential informant can lead to dire consequences. Details for individual reviews received before 2009 are not displayed. 0000017958 00000 n A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. Lalo has been in solitary confinement for more than five years. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. It depends. "There were these code words that the bosses would say to Lalo," Huerta says. You must have an associate's degree and a bachelor's degree in the relevant areas. Choosing the right attorney can be the most important step youll ever take. 0000000884 00000 n It is ugly. Drug smuggling turned out to be the least of Lalo's exploits. After all, the average CI is a Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Identities should be stored in a system with the highest level of security and with Role Based Access Control. 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. Can a REDDI Report Be the Legal Basis for a Traffic Stop? "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Anyone considering being a CI should first talk to a criminal defense attorney. Your access of/to and use Secondly, know all the versions of the s. Mathew is really eloquent and smart. 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. Criminal Defense Attorney in Philadelphia. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 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. "I had to go to the restroom and throw up. These guys are El Paso's version of the Keystone Kops," Loya says. There are several ways to become an FBI informant. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. It often comes to light that things may not be as they seem and this can greatly help your defense. Read More >>. 0000032339 00000 n During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Then, at trial, the Government calls the . It can also be risky for the prosecution if they must give the CIs identity to the defense later. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. The CI may be wearing a wire or recording device. "Are you kidding me? The pros and cons of being a confidential informant. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . How Can Mitigation Help Get Me The Lowest Possible Sentence? A few other articles found on the internet will give an expanded version of that list. 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. It is possible to beat drug trafficking charges. Bencomo says Lalo was different from other informants. All rights reserved. Contact Susan Williams today for a free consultation. 129 0 obj <> endobj The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. There may be other reasons why the identity of the CI will be revealed. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Active listening for police - a skill for conflict avoidance. 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. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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. he really cares and goes beyond 100% to help his clients. The monograph is organized around the confidential informant's employment . But during our interview, ICE said that handbook still isn't finished. Confidentiality is what makes the informant valuable. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. The amount of a drug for which trafficking charges are applicable varies depending on the substance. (The capacity for telling lies is called "mendacity," in case you were wondering.) It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. <<59BC4FB09E3701468D15B956FB86861C>]>> by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. code or county). The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . 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. 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. 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. 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.
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