and Raul Loya. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. And Lalo was with them. Both federal and state law enforcement officers use confidential informants. "It hit me like cold water in the face; it just feels terrible. Lalo has been in solitary confinement for more than five years. Confidential Informants can never be 100% protected by the Government or anyone else. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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 . Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. We contacted our attorney in the state where we live and he recommended Matt to us. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Lalo's information was on the mark. 0000001094 00000 n 6. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. You deserve the same chance at having an excellent legal defense. Drug smuggling turned out to be the least of Lalo's exploits. But as that investigation started, ICE's prized snitch came under suspicion. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 5. Exculpatory evidence is evidence that could clear the defendant of guilt. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. What Are the Different Types of Injunctions in Florida? Lalo said his actions were necessary to maintain his cover. Confidential informants arent the same as anonymous sources or tipsters. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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. There should be an audit trail detail who has seen the true identity and when they saw it. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Here in Mexico, there is no justice, only impunity. And he didn't need the money he was already making plenty in Juarez's drug trade. His handlers did well, too. However, this does not have to be the case. Meeting with a lawyer can help you understand your options and how to best protect your rights. He says Lalo was the keeper of the keys. The guidelines can be used to develop or revise written directives for using and managing informants. in the former, a crime is reported to the police and an investigation is initiated; in the latter . 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Call 954-845-0505 any time, day or night, to speak with a member of our team. In the end the police are working for the government and you are left holding the bag. 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. The Drug Enforcement Administration blacklisted him. 129 14 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). Informants. 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 dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. Supplemental Terms. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Read More >>. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 0000000576 00000 n You must have an associate's degree and a bachelor's degree in the relevant areas. That's all I'm doing right now.". 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. I took the recording and I told my supervisor that I didn't wish to be part of the case. To the U.S. government, he was officially informant No. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? A responsive, knowledgeable and skilled attorney. Visit https://www.gustitislaw.com for more information about inform. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. We found ourselves against all odds. If youre worried about how to beat a confidential informant, let the, represent you. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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 repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. confidential relationship is or should be formed by use of the site. 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. %%EOF Martindale-Hubbell validates that a reviewer is a person with a valid email address. On the tape, Lalo looks more like a victim than a drug thug. 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. Why did the chicken cross the road ? Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. If CIs were public record, it would put their lives in danger and the lives of their loved ones. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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 . 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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 state will do its best to not reveal the identity of the CI. 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. For a free legal consultation, call 215.515.3360. On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. An exchange for leniency in the charges against the informant generally occurs in these situations. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. It has been dubbed the House of Death. The problem is that there is no one to police the police. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. This field is for validation purposes and should be left unchanged. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. The CI may be wearing a wire or recording device. Absolutely. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". 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. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? A person shall not knowingly: 1. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Official websites use .gov I would recommend Justin without reservation to anyone seeking representation. "I believe in some kind of justice, and I think I was doing something good," he said. If you agree to work with the FBI, you will be . He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Saying they have a CI may be a cover for ill-gotten evidence and information. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Our son was distraught and frightened and Matt was very reassuring and supportive. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. In general, the Government goes to great lengths to not reveal the identity of snitches. 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. Contributing to the Delinquency of a Minor. I couldn't believe it," says the DEA's Sandalio Gonzalez. advice, does not constitute a lawyer referral service, and no attorney-client or Understanding motive and motivation. 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. It is not like the old school movies where you can see a wire taped under someones shirt. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. In all, there were 12 victims. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. The information may prove to relate to exculpatory evidence. 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. 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. 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. 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. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. This is something that can be used to impeach him when he testifies. ) or https:// means youve safely connected to the .gov website. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. You may feel you are being watched. As with most things in the legal world, knowing how to beat a CI depends on your case. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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. These guys are El Paso's version of the Keystone Kops," Loya says. For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? "He would say, 'We're going to have a barbecue.' Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. A still from a video in which Lalo talks about his case.
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