But she did. ICE says it learned some lessons dealing with Lalo. Mathew is really eloquent and smart. Can a REDDI Report Be the Legal Basis for a Traffic Stop? However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. I took the recording and I told my supervisor that I didn't wish to be part of the case.". But this is nearly non-existent in state cases and rare, at best, in federal cases. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. 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. The government does not have the resources or time to do this. can you beat a controlled by Case by discrediting the - Avvo At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Informants nationwide end up beaten, tortured and dead once they're found out. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. You may feel you are being watched. Demonstrate any past instances of false or invalidated evidence or information they have provided. 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. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. However, this does not have to be the case. "I was shocked. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 0000001094 00000 n Confidential Informants > JAG Reporter > Article View Post This field is for validation purposes and should be left unchanged. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Becoming an Informant | Office of Justice Programs In any case, the outcome will most likely benefit you as the defendant. startxref 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. 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. The CI is assigned a CI number and agrees to provide information about your case to the police. 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. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. Guadalupe Juarez/AFP/Getty Images 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. How To Find Out If Someone Is A Police Informant Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Lalo wasn't looking to make a deal. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Marvin Christensen @MarvinChristensen988. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. However, an informant whos been burnt obviously wont be trusted in their typical circles. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. How To Beat A Confidential Informant - Wakelet "I believe in some kind of justice, and I think I was doing something good," he said. Yes, in some circumstances the police will pay a person to be a CI. 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. Criminal defense attorneys have a host of tools to do this. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. 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. Call 954-845-0505 any time, day or night, to speak with a member of our team. This video explains the risks and benefits of working as a police confidential informant. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. These guys are El Paso's version of the Keystone Kops," Loya says. 3. The CI will contact you or maybe you contact the CI. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. The CI will likely be paying with marked money. [It is only available to law enforcement.]. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. You may not see or notice the police. I took the recording and I told my supervisor that I didn't wish to be part of the case. Courtesy Texas DMV, U.S. D.O.J. The police have the upper hand on CIs. A responsive, knowledgeable and skilled attorney. Lalo's information was on the mark. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. You order drugs from the CI. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. Read More >>. NPR went there with veteran Juarez crime reporter Carlos Huerta. Courtesy Texas DMV, U.S. D.O.J. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Yes, a felon can be an informant. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. Here in Mexico, there is no justice, only impunity. It all depends on the facts of your case. for the objects of police raids if things go awry. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Bencomo was the only one fired as a result of the Lalo fiasco. Can a felon be a confidential informant? What evidence is needed to hide caption. 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. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Matt was available throughout the process for consultations with both my son and his parents. This is the first time that Bencomo has talked publicly. 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. Confidentiality is what makes the informant valuable. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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 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 the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. "That was the first incident that I ever came across that he was working both sides," Bencomo says. On the tape, Lalo looks more like a victim than a drug thug. How to beat a confidential informant - Quora Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. It is important for law enforcement to protect the credibility of the informant as much as possible. 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. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. To the U.S. government, he was officially informant No. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Login. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Police and prosecutors generally want to keep the identity of their CI a secret. Being a CI is a very dangerous, risky endeavor.