An exchange for leniency in the charges against the informant generally occurs in these situations. You must have an associate's degree and a bachelor's degree in the relevant areas. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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. Can a felon be a confidential informant? Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Understanding an informants motives for providing information is fundamental to managing them effectively. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. What evidence is needed to make a drug bust? Guadalupe Juarez/AFP/Getty Images Jeralyn Elise Merritt (Unclaimed Profile). "That was the first incident that I ever came across that he was working both sides," Bencomo says. This video explains the risks and benefits of working as a police confidential informant. However, this does not have to be the case. 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. 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. Copyright 2022, Thomson Reuters. The recording devices used have become very sophisticated and are virtually undetectable. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. This decision can affect you and others for the rest of your life. Copyright 2023 MH Sub I, LLC dba Internet Brands. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. about FindLaws newsletters, including our terms of use and privacy policy. 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. Both federal and state law enforcement officers use confidential informants. 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 most common way to become an FBI informant is to be approached by the FBI. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. In my mind, he was given a license to kill. 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. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. While we continue to believe that the motives of a confidential informant can be summarized in one or two words, for example, fear, money or a reduced sentence, our interactions with them will always remain superficial and be fraught with risk. Learn more Former agent Bencomo remembers listening to the tape. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Read More >>. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. 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. 0000000016 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. "I had to go to the restroom and throw up. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Understanding motive and motivation. We called after our son was arrested for a crime he committed nearly 9 months earlier. The more specific and detailed, the more likely a court is to accept a CI's information. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. In this hour of need and when this medical pro Mat was such a relief to our family! Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . But he had his reasons for informing on the drug gang. Lalo wasn't looking to make a deal. And he didn't need the money he was already making plenty in Juarez's drug trade. 3 man in the Juarez cartel. What Are the Different Types of Injunctions in Florida? Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 0000017403 00000 n The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. You may feel trapped by serving as a Government informant. So how can a court find a CI's testimony to be credible? You may feel you are being watched. 5. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. xref This field is for validation purposes and should be left unchanged. Yes, a felon can be an informant. He is the best !! Some informants have personalities that make them difficult to manage. There must be some legal guarantee that a CI's info is good. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Every day that passes is another day that the prosecutors office is working to secure your guilt. For now, he said, jail is better than the fate he faces in Mexico. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. (The capacity for telling lies is called "mendacity," in case you were wondering.) 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. Share sensitive information only on official, secure websites. 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. hide caption. The CI may be charged with a serious drug (or other) criminal offense. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 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. 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. Copyright 2023 Weinstein Legal. 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. The high court held that reliance on informant testimony implicates . Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. For a free legal consultation, call 215.515.3360. If you need help defending yourself from these cases, our criminal defense firm can help. 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. 2. <<59BC4FB09E3701468D15B956FB86861C>]>> 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. Being a CI is a very dangerous, risky endeavor. We will review the facts surrounding your unique case and provide you with honest answers. Contact Susan Williams today for a free consultation. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. The CI may be required to testify in a trial of the person they are snitching on. Police and prosecutors generally want to keep the identity of their CI a secret. Terms of Service apply. Absolutely. 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. hide caption. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. 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. There may be other reasons why the identity of the CI will be revealed. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Matt was available throughout the process for consultations with both my son and his parents. 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. 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. 129 0 obj <> endobj 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. But Bencomo stayed on, and so did Lalo. I had to go to the restroom and throw up. A person shall not knowingly: 1. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. He's clean-cut and clearly educated. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Are Confidential Informants Credible? There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. You deserve the same chance at having an excellent legal defense. But she did. 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. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Possess a dangerous drug for sale. 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. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. The memo stated that those rules would be part of a new policy handbook. 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. Courtesy Texas DMV, U.S. D.O.J. 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Why did the chicken cross the road ? 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. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Lalo said his actions were necessary to maintain his cover. A Bureau of Justice Assistance Monograph. 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 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. So where are we going to find any help if we can't trust the U.S.? It depends. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. startxref Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. His handlers did well, too. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. He says that the agency's guidelines for using confidential informants are sound. 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. 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. If youre worried about how to beat a confidential informant, let the, represent you. "In my mind, he was given a license to kill.". Here in Mexico, there is no justice, only impunity. "We stayed there all night and watched as they pulled out bodies," Magana says. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. And Lalo was with them. 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. ) or https:// means youve safely connected to the .gov website. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. This story was produced for broadcast by Marisa Penaloza. We found ourselves against all odds. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. The CI is searched before and after the deal by the police. Lalo has been in solitary confinement for more than five years. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. It is important for law enforcement to protect the credibility of the informant as much as possible. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 0000032775 00000 n "It just made me sick," he says. Schedule a free consultation today. Visit https://www.gustitislaw.com for more information about inform. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 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. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Believe it or not it is legal for law enforcement to pay a government snitch! Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Highlight information that would indicate their dishonesty or bias. Active listening for police - a skill for conflict avoidance. Once the government uses you as a CI, they can be done with you. Secondly, know all the versions of the s. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. 5 Factors Courts Will Consider. 0 Please explain why you are flagging this content: * This will flag comments for moderators to take action. After all, the average CI is a 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. 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. The purpose of the ruling is to establish an informant . The best way to beat the system and stay out of prison is don't break the law. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. There are legal defenses available to you. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . 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. 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. %%EOF Mathew did an amazing job in court. The attorney 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. AV Preeminent: The highest peer rating standard. It is ugly. The crux revolves around the confidential part of the confidential informant. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. To the U.S. government, he was officially informant No. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 913, though most called him by the nickname Lalo. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. You can receive an entirely free case evaluation with absolutely no obligation. Once the case was done, ICE was also done with Lalo. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 0000001273 00000 n 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Law enforcement will often corroborate a CI's information with consistent observations by officers. A simple he-said-she-said backed up with no observations won't be worth much in court. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. "I don't know if they are going to keep me here for the rest of my life," he said. 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. It hit me like cold water in the face; it just feels terrible. Choosing the right attorney can be the most important step youll ever take. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 0000001712 00000 n 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.
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