Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. You order drugs from the CI. But as that investigation started, ICE's prized snitch came under suspicion. 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. Drug smuggling turned out to be the least of Lalo's exploits. By searching the informant, surveilling the buy, and taking other similar measures, the goal is to eliminate the possibility that the informant could plant the drugs on the suspect in order to fulfill the deal with the police. 2. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. There must be some legal guarantee that a CI's info is good. 0000032339 00000 n
We found ourselves against all odds. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. It is ugly. Are Confidential Informants Credible? 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. Put crudely . "It just made me sick," he says. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. All these only go to reinforce stereotypes. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 0000001889 00000 n
A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Once I reached out to Matt he was back in touch within the hour. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . Call 954-845-0505 today. The police can use information gained from the CI about you that the Government can use when prosecuting your case. 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." But he had his reasons for informing on the drug gang. No one. But Bencomo stayed on, and so did Lalo. Kansas bill would give context about jailhouse informants | The Kansas I am not saying my child didnt have a breakdown. 3 man in the Juarez cartel. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. The purpose of the ruling is to establish an informant . Confidentiality is what makes the informant valuable. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. You cant enforce these agreements or conversations. Law enforcement will often corroborate a CI's information with consistent observations by officers. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. There are two opportunities to find out the identity of a confidential informant: before and during trial. hide caption. Confidential informants arent the same as anonymous sources or tipsters. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. There should be an audit trail detail who has seen the true identity and when they saw it. 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. "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. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. code or county). Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. In this hour of need and when this medical pro Mat was such a relief to our family! To the U.S. government, he was officially informant No. advice, does not constitute a lawyer referral service, and no attorney-client or My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. Sign up. A Bureau of Justice Assistance Monograph. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. How Can Mitigation Help Get Me The Lowest Possible Sentence? A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. In any case, the outcome will most likely benefit you as the defendant. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. You may feel you are being watched. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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. 0000001540 00000 n
I took the recording and I told my supervisor that I didn't wish to be part of the case. For now, he said, jail is better than the fate he faces in Mexico. 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. 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. ZIP A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. It can also be risky for the prosecution if they must give the CIs identity to the defense later. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. The CI is searched before and after the deal by the police. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. It hit me like cold water in the face; it just feels terrible. This important decision can affect you the rest of your life and possibly even your loved ones or friends. We came back night after night to see how many they dug up.". 0
This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 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. An exchange for leniency in the charges against the informant generally occurs in these situations. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Do not allow any of these things to happen to you. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). How to Become an FBI Informant | Legal Beagle However, the above measures are extra insurance for the police, they are not required. 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. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. and Raul Loya. The CI may do controlled buys. This means that the CI will have an agreement with the police. No, the identity of informants are not public record. The majority of informants are those working off . 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. There may be cameras in the location that the deal takes place. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. The guidelines can be used to develop or revise written directives for using and managing informants. Every day that passes is another day that the prosecutors office is working to secure your guilt. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. Therefore, they wont be able to provide any information. Can a REDDI Report Be the Legal Basis for a Traffic Stop? . The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. 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. 0000000966 00000 n
You impeach them on the stand, which discredits the evidence, information, and testimony they give. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Confidential Informants > JAG Reporter > Article View Post The monograph is organized around the confidential informant's employment . 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. Copyright 2023 Weinstein Legal. there are basically two types of police investigation, reactive and proactive. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. What evidence is needed to make a drug bust? Guadalupe Juarez/AFP/Getty Images Thank you Mathew!! If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. He says Lalo was the keeper of the keys. 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. 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. Matthew and his team made calls and were very persistent. Should You Work as a Police Confidential Informant? Defense - YouTube 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. This story was produced for broadcast by Marisa Penaloza. For a free legal consultation, call 215.515.3360. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. The content of the responses is entirely from reviewers. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. The agency began deportation proceedings with the intention of sending him back to Mexico. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. ICE says the fault lies with former agent Bencomo, Lalo's handler. Possess or use a dangerous drug. There are several ways to become an FBI informant. Defending Against Informants in Drug Sales Cases | Ray Kimble Bencomo says Lalo was different from other informants. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Understanding an informants motives for providing information is fundamental to managing them effectively. "I really was doing something good," he said. If CIs were public record, it would put their lives in danger and the lives of their loved ones. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. An official website of the United States government, Department of Justice. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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. However, you need a tireless defense team fighting on your behalf. Learn more An attorney may help you weigh your options. Is a Confidential Informant Truthful? 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 will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. His handlers did well, too. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. 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 . The government could decide to charge someone who does that with obstruction of justice, among other things. That's all I'm doing right now.". If youre worried about how to beat a confidential informant, let the, represent you. Lalo said his actions were necessary to maintain his cover. This site is protected by Identities should be stored in a system with the highest level of security and with Role Based Access Control. 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. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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. We will review the facts surrounding your unique case and provide you with honest answers. hide caption. The use of informants by police is essentially unregulated by the courts. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. CONFIDENTIAL INFORMANTS - Official FBIretired Website 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. Yes, a felon can be an informant. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Fortunately we have done it for you. It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. The CI may be charged with a serious drug (or other) criminal offense. How to Become a Confidential Informant | Mental Itch During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. The amount of a drug for which trafficking charges are applicable varies depending on the substance. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. It has been dubbed the House of Death. We called after our son was arrested for a crime he committed nearly 9 months earlier. Understanding motive and motivation. 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? There is no obligation from the Government to protect you the rest of your life because you served as a CI. You can receive an entirely free case evaluation with absolutely no obligation. How Much Jail Time for Felony Grand Theft? 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. You must have an associate's degree and a bachelor's degree in the relevant areas. If you need help defending yourself from these cases, our criminal defense firm can help. 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. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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. Marvin Christensen @MarvinChristensen988. How To Beat A Confidential Informant - Wakelet When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. The Case Of A Confidential Informant Gone Wrong : NPR The pros and cons of being a confidential informant. And the CI must answer the question truthfully or else possibly face sanctions in court. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, 28 How To Beat A Confidential Informant 02/2023 - KTHN Jeralyn Elise Merritt (Unclaimed Profile). 0000001273 00000 n
Answer (1 of 5): The first thing you need to do is know your enemy. 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. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. The CI may be wearing a wire or recording device. And he didn't need the money he was already making plenty in Juarez's drug trade. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel.