The reason for this is the police use the CI to gain probable cause for your arrest. A Bureau of Justice Assistance Monograph. Secure .gov websites use HTTPS Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Copyright 2023 Weinstein Legal. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. This story was produced for broadcast by Marisa Penaloza. AV Preeminent: The highest peer rating standard. It's also the least painful and expensive. Drug smuggling turned out to be the least of Lalo's exploits. You deserve the same chance at having an excellent legal defense. But in Lalo's case, he says, rogue agents didn't properly follow them. An official website of the United States government, Department of Justice. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. The CI may be wearing a wire or recording device. "We stayed there all night and watched as they pulled out bodies," Magana says. hide caption. My reservations were quickly eased during my initial consultation. 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. The true identity of a confidential informant should be strictly limited to an identified number of people. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Eventually, a dozen bodies were unearthed at the site. The CI will contact you or maybe you contact the CI. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. There are two opportunities to find out the identity of a confidential informant: before and during trial. You will not be able to notice the marks. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. "And you have to act like a criminal.". These guys are El Paso's version of the Keystone Kops," Loya says. 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. 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. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. Contact Susan Williams today for a free consultation. Confidentiality is what makes the informant valuable. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Details for individual reviews received before 2009 are not displayed. All rights reserved. The information may prove to relate to exculpatory evidence. 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). In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." Yes, in some circumstances the police will pay a person to be a CI. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. However, an informant whos been burnt obviously wont be trusted in their typical circles. The attorney Official websites use .gov In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Contributing to the Delinquency of a Minor. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. The agency began deportation proceedings with the intention of sending him back to Mexico. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Informants nationwide end up beaten, tortured and dead once they're found out. All these only go to reinforce stereotypes.
Lalo wasn't looking to make a deal. I took the recording and I told my supervisor that I didn't wish to be part of the case. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. Highlight information that would indicate their dishonesty or bias. All rights reserved.|Disclaimer|Privacy policy. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. And he didn't need the money he was already making plenty in Juarez's drug trade. A few other articles found on the internet will give an expanded version of that list. 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. Yes, a felon can be an informant. Being a CI is a very dangerous, risky endeavor. If CIs were public record, it would put their lives in danger and the lives of their loved ones. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. What Is the Difference between Kidnapping and False Imprisonment. Confidential informants arent the same as anonymous sources or tipsters. An exchange for leniency in the charges against the informant generally occurs in these situations. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. hide caption. It has been dubbed the House of Death. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. This decision can affect you and others for the rest of your life. 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). And the devices are constantly evolving and improving. 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". This may result in longer prison sentences and larger fines associated with a conviction. Lalo said his actions were necessary to maintain his cover. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. startxref
Here in Mexico, there is no justice, only impunity. 913, though most called him by the nickname Lalo. The memo stated that those rules would be part of a new policy handbook. Human motives and motivation is a complex subject with many competing theories. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Once I reached out to Matt he was back in touch within the hour. 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. vPxK
s&K0!6XYY'`aIbce9"\*z816&V:::Z. Both federal and state law enforcement officers use confidential informants. 142 0 obj<>stream
It depends. The information provided on this site is not legal ICE says it learned some lessons dealing with Lalo. Those are . You may not see or notice the police. A lock ( 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Believe it or not it is legal for law enforcement to pay a government snitch! Read More >>. The state will do its best to not reveal the identity of the CI. The CI may be working several buy busts before the CIs work is finished with the police. 3. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Do not wait to start working on your defense. Sign up. 0000017403 00000 n
For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. 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. Can a felon be a confidential informant? Courtesy Texas DMV, U.S. D.O.J. The CI is searched before and after the deal by the police. Some informants have personalities that make them difficult to manage. Police and prosecutors generally want to keep the identity of their CI a secret. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. His performance in court was outstanding and gave me a big victory. Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. However, you need a tireless defense team fighting on your behalf. 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. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. There may be cameras in the location that the deal takes place. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. 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? 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. listings on the site are paid attorney advertisements. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. in the former, a crime is reported to the police and an investigation is initiated; in the latter . "I had to go to the restroom and throw up. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. If you agree to work with the FBI, you will be . 913, though most called him by the nickname Lalo. "It hit me like cold water in the face; it just feels terrible. He is the best !! 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. We found ourselves against all odds. 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. Law enforcement may keep threatening jail or charges unless you work one more deal for them. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. Yes, a felon can be an informant. 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). By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. But she did. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. 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. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Marvin Christensen @MarvinChristensen988. 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. How Can Mitigation Help Get Me The Lowest Possible Sentence? Throughout, he maintained consistent communication each step of the way until my case was resolved. For a quick fix solution Wikipedia provides a list of potential motivations. Ashok Dhamija On the other hand, police and prosecutors' concern for confidential informants is not misplaced. He says that the agency's guidelines for using confidential informants are sound. 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. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. Thank you Mathew!! What are the different Martindale-Hubbell Peer Review Ratings?*. The Client Review Rating score is determined through the aggregation of validated responses. We contacted our attorney in the state where we live and he recommended Matt to us. If you need help defending yourself from these cases, our criminal defense firm can help. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Among the victims were two U.S. residents. 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. The CI may do controlled buys. This means that the CI will have an agreement with the police. The guidelines can be used to develop or revise written directives for using and managing informants. Possess a dangerous drug for sale. 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. The majority of informants are those working off their own cases. But it wasn't just the people of Juarez who were outraged. Confidential Informant Testifies as Government Witness. 1 ANSWER. Gonzalez lodged a complaint against ICE. He also tried to get Congress to investigate, but that went nowhere. 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. 3 man in the Juarez cartel. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 5 Factors Courts Will Consider. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. Law enforcement will often corroborate a CI's information with consistent observations by officers. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. 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. "In my mind, he was given a license to kill.". He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 2. We called after our son was arrested for a crime he committed nearly 9 months earlier. In this hour of need and when this medical pro Mat was such a relief to our family! Confidentiality is what makes the informant valuable. In my mind, he was given a license to kill. This is a common issue people face when working as CIs. advice, does not constitute a lawyer referral service, and no attorney-client or 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. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. It is possible to beat drug trafficking charges. That's all I'm doing right now.". This is the first time that Bencomo has talked publicly. But that is the sobering truth of being a CI. 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. 0000001712 00000 n
Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. To the U.S. government, he was officially informant No. In general, the Government goes to great lengths to not reveal the identity of snitches. This video explains the risks and benefits of working as a police confidential informant. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. The feds paid Lalo well: nearly $250,000 over four years. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. The government could decide to charge someone who does that with obstruction of justice, among other things. ICE says the fault lies with former agent Bencomo, Lalo's handler. However, this does not have to be the case. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. reCAPTCHA and the Google Privacy Policy and A person shall not knowingly: 1. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. Courtesy Texas DMV, U.S. D.O.J. Confidential Informants can never be 100% protected by the Government or anyone else. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. A. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. 0000000884 00000 n
Understanding an informants motives for providing information is fundamental to managing them effectively. No one. We came back night after night to see how many they dug up.". In all, there were 12 victims. 0000001094 00000 n
Contact us. 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. Criminal defense attorneys have a host of tools to do this. 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. Absolutely. 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. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Then, at trial, the Government calls the . State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Terms of Service apply. 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. Possibly, yes. of this site is subject to additional These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . and Raul Loya. Schedule a free consultation today. However, this does not have to be the case. Timeline: An ICE Informant Run Amok Or Mishandled? Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Penalties for Drug Possession Charges as a Minor. Even with the promise of payment, the decision to become a CI is very dangerous. It just made me sick. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. 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. It is not like the old school movies where you can see a wire taped under someones shirt. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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. Are Confidential Informants Credible? We will review the facts surrounding your unique case and provide you with honest answers. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. "I don't know if they are going to keep me here for the rest of my life," he said. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. 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 . 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.
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