Understanding an informants motives for providing information is fundamental to managing them effectively. To the U.S. government, he was officially informant No. xref He is the best !! 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. The identity of the CI can be necessary to a Defendants defense in their criminal case. The agency began deportation proceedings with the intention of sending him back to Mexico. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Guadalupe Juarez/AFP/Getty Images There must be some legal guarantee that a CI's info is good. Thus, a court needs some basis for a CI's allegations. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. You can receive an entirely free case evaluation with absolutely no obligation. 0000032775 00000 n Read More >>. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. The majority of informants are those working off their own cases. LockA locked padlock The problem is that there is no one to police the police. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. The feds paid Lalo well: nearly $250,000 over four years. It can also be risky for the prosecution if they must give the CIs identity to the defense later. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. hide caption. Stay up-to-date with how the law affects your life. 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. I would recommend Justin without reservation to anyone seeking representation. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. The attorney Details for individual reviews received before 2009 are not displayed. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. AV Preeminent: The highest peer rating standard. 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. for the objects of police raids if things go awry. Choosing the right attorney can be the most important step youll ever take. listings on the site are paid attorney advertisements. 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 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. We will review the facts surrounding your unique case and provide you with honest answers. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. If CIs were public record, it would put their lives in danger and the lives of their loved ones. There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. he says. But he had his reasons for informing on the drug gang. The state will do its best to not reveal the identity of the CI. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. there are basically two types of police investigation, reactive and proactive. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. I couldn't believe it," says the DEA's Sandalio Gonzalez. Even with the promise of payment, the decision to become a CI is very dangerous. He says that the agency's guidelines for using confidential informants are sound. Call 954-845-0505 any time, day or night, to speak with a member of our team. 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. The government does not have the resources or time to do this. There are several ways to become an FBI informant. In all, there were 12 victims. Drug smuggling turned out to be the least of Lalo's exploits. So how can a court find a CI's testimony to be credible? 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. So where are we going to find any help if we can't trust the U.S.? There is no obligation from the Government to protect you the rest of your life because you served as a CI. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. He also helped crack a major international cigarette smuggling ring. and Raul Loya Confidential informants people who pose. Courtesy Texas DMV, U.S. D.O.J. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. What evidence is needed to make a drug bust? It all depends on the facts of your case. How credible is the confidential informant? The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Yes, in some circumstances the police will pay a person to be a CI. 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. This website is for general informational purposes only. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. 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? 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. The CI may be required to testify in a trial of the person they are snitching on. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Absolutely. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Criminal defense attorneys have a host of tools to do this. 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. The Drug Enforcement Administration blacklisted him. Bencomo says the agents were told that Santillan was the No. Penalties for Drug Possession Charges as a Minor. And the devices are constantly evolving and improving. reCAPTCHA and the Google Privacy Policy and The high court held that reliance on informant testimony implicates . Lalo wasn't looking to make a deal. This site is protected by Timeline: An ICE Informant Run Amok Or Mishandled? "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. The most common way to become an FBI informant is to be approached by the FBI. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Are Confidential Informants Credible? For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. 0000001712 00000 n The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. 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. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. "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?" 0000000884 00000 n 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. But she did. Understanding motive and motivation. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. 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. See are article relating to Missouri's witness protection program and the lack of uptake. 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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. hide caption. 0000032339 00000 n As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Copyright 2022, Thomson Reuters. 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 the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. There should be an audit trail detail who has seen the true identity and when they saw it. 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). Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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. ) or https:// means youve safely connected to the .gov website. However, this does not have to be the case. It is possible to beat drug trafficking charges. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. It is not like the old school movies where you can see a wire taped under someones shirt. But in Lalo's case, he says, rogue agents didn't properly follow them. 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 . The recording devices used have become very sophisticated and are virtually undetectable. Being a convicted felon means that the criminal offense will always show up on a background check and you may find it difficult to find housing or employment in the future. The CI is searched before and after the deal by the police. It hit me like cold water in the face; it just feels terrible. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Guadalupe Juarez/AFP/Getty Images The use of informants by police is essentially unregulated by the courts. There may be cameras in the location that the deal takes place. He explained to my husband and I what my son was facing. There may be other reasons why the identity of the CI will be revealed. %%EOF 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. An official website of the United States government, Department of Justice. . For a free legal consultation, call 215.515.3360. 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. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. This may result in longer prison sentences and larger fines associated with a conviction. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Confidentiality is what makes the informant valuable. 6. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. This is very wrong and a misconception. Every day that passes is another day that the prosecutors office is working to secure your guilt. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Demonstrate any past instances of false or invalidated evidence or information they have provided. 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. And gaining a better understanding of what motivates people takes time. ZIP Do not wait to start working on your defense. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 0000017403 00000 n And he didn't need the money he was already making plenty in Juarez's drug trade. 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. 0000017958 00000 n 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. Can a felon be a confidential informant? This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 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. I am not saying my child didnt have a breakdown. 2. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. If youre worried about how to beat a confidential informant, let the, represent you. For a quick fix solution Wikipedia provides a list of potential motivations. 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? Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. It's also the least painful and expensive. 0 Being a CI is a very dangerous, risky endeavor. This is something that can be used to impeach him when he testifies. But that is the sobering truth of being a CI. However, you need a tireless defense team fighting on your behalf. An attorney may help you weigh your options. He says Lalo was the keeper of the keys. No one. Mathew did an amazing job in court. It depends. The majority of informants are those working off . Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Saying they have a CI may be a cover for ill-gotten evidence and information. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. 5 Factors Courts Will Consider. 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. 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. xb```Il@r/ 0! Supplemental Terms. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. However, the above measures are extra insurance for the police, they are not required. 913, though most called him by the nickname Lalo. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. I had to go to the restroom and throw up. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. <<59BC4FB09E3701468D15B956FB86861C>]>> You may feel you are being watched. 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. 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. 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. 0000000016 00000 n If you need help defending yourself from these cases, our criminal defense firm can help. Terms of Service apply. His sincerity, empathy and commitment to advocating on my behalf were apparent. "It hit me like cold water in the face; it just feels terrible. These guys are El Paso's version of the Keystone Kops," Loya says. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. "What is wrong with this picture?". Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. and Raul Loya. Once the government uses you as a CI, they can be done with you. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. "He would say, 'We're going to have a barbecue.' Copyright 2023 Weinstein Legal. 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 might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. 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. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Lalo's information was on the mark. All these only go to reinforce stereotypes. Yes, a felon can be an informant. 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. He's clean-cut and clearly educated. Yes, a felon can be an informant. "I believe in some kind of justice, and I think I was doing something good," he said. A Bureau of Justice Assistance Monograph. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. This is the first time that Bencomo has talked publicly. Among the victims were two U.S. residents. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Our consultant Dr John Buckley will be. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. What are the different Martindale-Hubbell Peer Review Ratings?*. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Do not allow any of these things to happen to you. and Raul Loya Law enforcement will often corroborate a CI's information with consistent observations by officers. The CI must provide 100% honest information. Confidentiality is what makes the informant valuable. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". There are legal defenses available to you. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. This important decision can affect you the rest of your life and possibly even your loved ones or friends.
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