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This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. We will review the facts surrounding your unique case and provide you with honest answers. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. There are two opportunities to find out the identity of a confidential informant: before and during trial. Marvin Christensen @MarvinChristensen988. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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 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 attorney It depends. Contributing to the Delinquency of a Minor. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. The pros and cons of being a confidential informant. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Yes, in some circumstances the police will pay a person to be a CI. His handlers did well, too. ) or https:// means youve safely connected to the .gov website. "I was shocked. 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. Schedule a free consultation today. That's all I'm doing right now.". The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 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. 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. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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'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. His sincerity, empathy and commitment to advocating on my behalf were apparent. A simple he-said-she-said backed up with no observations won't be worth much in court. After all, the average CI is a 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? Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. A .gov website belongs to an official government organization in the United States. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Eventually, a dozen bodies were unearthed at the site. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. The information may prove to relate to exculpatory evidence. Yes, a felon can be an informant. Once the government uses you as a CI, they can be done with you. The CI knows he/she is working as a snitch, but you do not. But that is the sobering truth of being a CI. 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. <<59BC4FB09E3701468D15B956FB86861C>]>> "It hit me like cold water in the face; it just feels terrible. 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. 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. There are several ways to become an FBI informant. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. We contacted our attorney in the state where we live and he recommended Matt to us. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Being a CI is a very dangerous, risky endeavor. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. Answer (1 of 5): The first thing you need to do is know your enemy. 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. Therefore, they wont be able to provide any information. Once the case was done, ICE was also done with Lalo. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. 0000017403 00000 n 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. Throughout, he maintained consistent communication each step of the way until my case was resolved. Matt was available throughout the process for consultations with both my son and his parents. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Active listening for police - a skill for conflict avoidance. This field is for validation purposes and should be left unchanged. Bencomo says Lalo was different from other informants. The government could decide to charge someone who does that with obstruction of justice, among other things. Lalo has been in solitary confinement for more than five years. 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. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Visit https://www.gustitislaw.com for more information about inform. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Bencomo was the only one fired as a result of the Lalo fiasco. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. What Is the Difference between Kidnapping and False Imprisonment. An official website of the United States government, Department of Justice. 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. 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. 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. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Those are . "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". However, this does not have to be the case. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, You may feel you are being watched. 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. Law enforcement may keep threatening jail or charges unless you work one more deal for them. What Are the Different Types of Injunctions in Florida? Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. So how can a court find a CI's testimony to be credible? Raul Bencomo, then an agent with U.S. Customs, assigned code No. Confidential informants arent the same as anonymous sources or tipsters. I took the recording and I told my supervisor that I didn't wish to be part of the case.". But during our interview, ICE said that handbook still isn't finished. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. "Are you kidding me? Why did the chicken cross the road ? The killings in Juarez took place more than six years ago. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The guidelines can be used to develop or revise written directives for using and managing informants. Copyright 2023 Weinstein Legal. 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, For a quick fix solution Wikipedia provides a list of potential motivations. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. In all, there were 12 victims. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. The amount of a drug for which trafficking charges are applicable varies depending on the substance. But he had his reasons for informing on the drug gang. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. 0000000016 00000 n "It just made me sick," he says. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Sign up. 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Some people have heard of the witness protection program in movies or TV shows. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. This is the first time that Bencomo has talked publicly. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. It hit me like cold water in the face; it just feels terrible. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. You impeach them on the stand, which discredits the evidence, information, and testimony they give. The required areas are criminal justice, law enforcement, police science, etc. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. You will not be able to notice the marks. ZIP As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 0000001540 00000 n This site is protected by There may be other reasons why the identity of the CI will be revealed. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Courtesy Texas DMV, U.S. D.O.J. Once I reached out to Matt he was back in touch within the hour. All these only go to reinforce stereotypes. 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? Among the victims were two U.S. residents. of this site is subject to additional A lock ( 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. The CI must provide 100% honest information. And Lalo was with them. 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. In my mind, he was given a license to kill. Matthew and his team made calls and were very persistent. 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. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. he says. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 6. In the end the police are working for the government and you are left holding the bag. He also tried to get Congress to investigate, but that went nowhere. 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. Do not wait to start working on your defense. 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. 3. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. The identity of the CI can be necessary to a Defendants defense in their criminal case. 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. But it wasn't just the people of Juarez who were outraged. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". You cant enforce these agreements or conversations. 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. You can receive an entirely free case evaluation with absolutely no obligation. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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 . "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?" This video explains the risks and benefits of working as a police confidential informant. Learn more Jeralyn Elise Merritt (Unclaimed Profile). For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. %PDF-1.3 % Thank you Mathew!! Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. His performance in court was outstanding and gave me a big victory. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. hide caption. hide caption. A. Skip to content. The CI may be charged with a serious drug (or other) criminal offense. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Believe it or not it is legal for law enforcement to pay a government snitch! 142 0 obj<>stream Copyright 2023 MH Sub I, LLC dba Internet Brands. Our consultant Dr John Buckley will be. Guadalupe Juarez/AFP/Getty Images The crux revolves around the confidential part of the confidential informant. He also helped crack a major international cigarette smuggling ring. "It was so horrible. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. 3 man in the Juarez cartel. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Can a REDDI Report Be the Legal Basis for a Traffic Stop? If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. 0000001094 00000 n The guidelines can be used to develop or revise written directives for using and managing informants. Exculpatory evidence is evidence that could clear the defendant of guilt. 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). This is very wrong and a misconception. You deserve the same chance at having an excellent legal defense. The best way to beat the system and stay out of prison is don't break the law. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. 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. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Visit our attorney directory to find a lawyer near you who can help. AV Preeminent: The highest peer rating standard. There are legal defenses available to you. he really cares and goes beyond 100% to help his clients. Criminal defense attorneys have a host of tools to do this. Copyright 2022, Thomson Reuters. and Raul Loya Confidential informants people who pose. Supplemental Terms. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. The police can use information gained from the CI about you that the Government can use when prosecuting your case. 913, though most called him by the nickname Lalo. 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. All rights reserved.|Disclaimer|Privacy policy. And gaining a better understanding of what motivates people takes time. "That was the first incident that I ever came across that he was working both sides," Bencomo says. But she did. Bencomo says the agents were told that Santillan was the No.