To the U.S. government, he was officially informant No. 0000000966 00000 n "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. This is the first time that Bencomo has talked publicly. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. reCAPTCHA and the Google Privacy Policy and Distinguished: An excellent rating for a lawyer with some experience. We called after our son was arrested for a crime he committed nearly 9 months earlier. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. A .gov website belongs to an official government organization in the United States. 0000001094 00000 n The guidelines can be used to develop or revise written directives for using and managing informants. Then, at trial, the Government calls the . Matt was available throughout the process for consultations with both my son and his parents. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's 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. Official websites use .gov Gonzalez lodged a complaint against ICE. Guadalupe Juarez/AFP/Getty Images there are basically two types of police investigation, reactive and proactive. You can receive an entirely free case evaluation with absolutely no obligation. AV Preeminent: The highest peer rating standard. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. 3 man in the Juarez cartel. The CI knows he/she is working as a snitch, but you do not. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 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. 0000001540 00000 n So where are we going to find any help if we can't trust the U.S.? Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. Here in Mexico, there is no justice, only impunity. 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. 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. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 913, though most called him by the nickname Lalo. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. 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. Timeline: An ICE Informant Run Amok Or Mishandled? "I had to go to the restroom and throw up. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. 2. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Secondly, know all the versions of the s. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. xb```Il@r/ 0! The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 3. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. But it wasn't just the people of Juarez who were outraged. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. No, the identity of informants are not public record. 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 relationship. he says. In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Skip to content. in the former, a crime is reported to the police and an investigation is initiated; in the latter . And the devices are constantly evolving and improving. Why did the chicken cross the road ? You deserve the same chance at having an excellent legal defense. Sign up. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. For now, he said, jail is better than the fate he faces in Mexico. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. In this hour of need and when this medical pro Mat was such a relief to our family! There are legal defenses available to you. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Lalo wasn't looking to make a deal. 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. Demonstrate any past instances of false or invalidated evidence or information they have provided. My reservations were quickly eased during my initial consultation. about FindLaws newsletters, including our terms of use and privacy policy. However, this does not have to be the case. 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. Details for individual reviews received before 2009 are not displayed. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. "I really was doing something good," he said. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Even with the promise of payment, the decision to become a CI is very dangerous. Informants. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Do not allow any of these things to happen to you. 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. Stay up-to-date with how the law affects your life. 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. Confidentiality is what makes the informant valuable. The required areas are criminal justice, law enforcement, police science, etc. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. For a free legal consultation, call 215.515.3360. and Raul Loya Confidential informants people who pose. If you need help defending yourself from these cases, our criminal defense firm can help. 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 also helped crack a major international cigarette smuggling ring. 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. An exchange for leniency in the charges against the informant generally occurs in these situations. The most common way to become an FBI informant is to be approached by the FBI. Possess or use a dangerous drug. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. LockA locked padlock "It just made me sick," he says. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation.