He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. You can receive an entirely free case evaluation with absolutely no obligation. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. But Bencomo stayed on, and so did Lalo. Do not allow any of these things to happen to you. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 0000001712 00000 n I couldn't believe it," says the DEA's Sandalio Gonzalez. confidential relationship is or should be formed by use of the site. See are article relating to Missouri's witness protection program and the lack of uptake. Lalo wasn't looking to make a deal. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. "We stayed there all night and watched as they pulled out bodies," Magana says. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. "It just made me sick," he says. And he didn't need the money he was already making plenty in Juarez's drug trade. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Share sensitive information only on official, secure websites. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Possess or use a dangerous drug. Login. Skip to content. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. 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. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. 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. 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. The guidelines can be used to develop or revise written directives for using and managing informants. Matt was available throughout the process for consultations with both my son and his parents. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. Details for individual reviews received before 2009 are not displayed. 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. But it wasn't just the people of Juarez who were outraged. Official websites use .gov And Lalo was with them. [It is only available to law enforcement.]. 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. You may feel you are being watched. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. With every new body, the smell would hit us it was horrible. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. The CI will likely be paying with marked money. It has been dubbed the House of Death. Criminal Defense Attorney in Philadelphia. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? Saying they have a CI may be a cover for ill-gotten evidence and information. For a quick fix solution Wikipedia provides a list of potential motivations. I had to go to the restroom and throw up. and Raul Loya Confidential informants people who pose. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. How credible is the confidential informant? Is a Confidential Informant Truthful? What are the different Martindale-Hubbell Peer Review Ratings?*. The problem is that there is no one to police the police. He's clean-cut and clearly educated. I am not saying my child didnt have a breakdown. The CI will contact you or maybe you contact the CI. 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. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. 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. There are two opportunities to find out the identity of a confidential informant: before and during trial. If you need help defending yourself from these cases, our criminal defense firm can help. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. There may be cameras in the location that the deal takes place. Choosing the right attorney can be the most important step youll ever take. 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 . Anyone considering being a CI should first talk to a criminal defense attorney. 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. Contact us. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Police and prosecutors generally want to keep the identity of their CI a secret. It hit me like cold water in the face; it just feels terrible. All rights reserved.|Disclaimer|Privacy policy. 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. The state will do its best to not reveal the identity of the CI. The crux revolves around the confidential part of the confidential informant. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. he really cares and goes beyond 100% to help his clients. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. "I don't know if they are going to keep me here for the rest of my life," he said. This is very wrong and a misconception. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Lalo's information was on the mark. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 0000001273 00000 n 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. The best way to beat the system and stay out of prison is don't break the law. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. 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. A lock ( A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Understanding motive and motivation. and Raul Loya. Those are . But that is the sobering truth of being a CI. advice, does not constitute a lawyer referral service, and no attorney-client or But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. I would recommend Justin without reservation to anyone seeking representation. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. What evidence is needed to make a drug bust? 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The CI may be working several buy busts before the CIs work is finished with the police. Matthew and his team made calls and were very persistent. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Courtesy Texas DMV, U.S. D.O.J. 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. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "And you have to act like a criminal.". However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. But in Lalo's case, he says, rogue agents didn't properly follow them.
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