If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Fabricating a confidential informant can lead to dire consequences. This field is for validation purposes and should be left unchanged. We found ourselves against all odds. 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. 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. 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. There are several ways to become an FBI informant. Police and prosecutors generally want to keep the identity of their CI a secret. ) or https:// means youve safely connected to the .gov website. This site is protected by code or county). The reason for this is the police use the CI to gain probable cause for your arrest. Supplemental Terms. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. The police have the upper hand on CIs. 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 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. We will review the facts surrounding your unique case and provide you with honest answers. Do not wait to start working on your defense. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. The monograph is organized around the confidential informant's employment . Raul Bencomo, then an agent with U.S. Customs, assigned code No. Lalo's information was on the mark. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 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. The most common way to become an FBI informant is to be approached by the FBI. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. A Bureau of Justice Assistance Monograph. This is something that can be used to impeach him when he testifies. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. How Can Mitigation Help Get Me The Lowest Possible Sentence? 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 . 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. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. The problem is that there is no one to police the police. I took the recording and I told my supervisor that I didn't wish to be part of the case.". The Client Review Rating score is determined through the aggregation of validated responses. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . To the U.S. government, he was officially informant No. "That was the first incident that I ever came across that he was working both sides," Bencomo says. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 129 0 obj <> endobj And the CI must answer the question truthfully or else possibly face sanctions in court. 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. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. What Is the Difference between Kidnapping and False Imprisonment. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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. 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. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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 more specific and detailed, the more likely a court is to accept a CI's information. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. However, this does not have to be the case. Official websites use .gov Distinguished: An excellent rating for a lawyer with some experience. Copyright 2023 Weinstein Legal. Visit https://www.gustitislaw.com for more information about inform. To the U.S. government, he was officially informant No. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. Thank you Mathew!! That's all I'm doing right now.". 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. See are article relating to Missouri's witness protection program and the lack of uptake. Courtesy Texas DMV, U.S. D.O.J. 0000000966 00000 n Law enforcement will often corroborate a CI's information with consistent observations by officers. But he had his reasons for informing on the drug gang. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. 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. 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. 0000001889 00000 n At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. The CI must provide 100% honest information. 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. The CI may be working several buy busts before the CIs work is finished with the police. If you agree to work with the FBI, you will be . 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Yes, in some circumstances the police will pay a person to be a CI. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. LockA locked padlock There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. 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. 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. he says. Bencomo was the only one fired as a result of the Lalo fiasco. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Once the government uses you as a CI, they can be done with you. Secondly, know all the versions of the s. Our consultant Dr John Buckley will be. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Ashok Dhamija The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Contributing to the Delinquency of a Minor. How Much Jail Time for Felony Grand Theft? How Do You Beat a Drug Trafficking Charge in Florida? The purpose of the ruling is to establish an informant . 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. 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). Bencomo says the agents were told that Santillan was the No. It has been dubbed the House of Death. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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. Login. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. "I had to go to the restroom and throw up. But this is nearly non-existent in state cases and rare, at best, in federal cases. Schedule a free consultation today. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. This is a common issue people face when working as CIs. You may not see or notice the police. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Answer (1 of 5): The first thing you need to do is know your enemy. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. In general, the Government goes to great lengths to not reveal the identity of snitches. 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. Put crudely . The government does not have the resources or time to do this. You must have an associate's degree and a bachelor's degree in the relevant areas. But it wasn't just the people of Juarez who were outraged. Gonzalez lodged a complaint against ICE. 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. %PDF-1.3 % Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Skip to content. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Former agent Bencomo remembers listening to the tape. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 913, though most called him by the nickname Lalo. Call 954-845-0505 today. 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. 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. The pros and cons of being a confidential informant. ICE says the fault lies with former agent Bencomo, Lalo's handler. Mathew is really eloquent and smart. 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". 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. All rights reserved. A few other articles found on the internet will give an expanded version of that list. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 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. However, this does not have to be the case. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. . The recording devices used have become very sophisticated and are virtually undetectable. The state will do its best to not reveal the identity of the CI. The feds paid Lalo well: nearly $250,000 over four years. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. You impeach them on the stand, which discredits the evidence, information, and testimony they give. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. But in either language, his story is the same. 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. It is ugly. 1 ANSWER. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. All rights reserved.|Disclaimer|Privacy policy. The content of the responses is entirely from reviewers. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 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. "Are you kidding me? Lawyers from our extensive network are ready to answer your question. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Criminal Defense Attorney in Philadelphia. Informants. But she did. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. 0000001712 00000 n A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. There must be some legal guarantee that a CI's info is good. 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. 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. After all, the average CI is a You cant enforce these agreements or conversations. "I don't know if they are going to keep me here for the rest of my life," he said. 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. 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. The information provided on this site is not legal His performance in court was outstanding and gave me a big victory. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. For now, he said, jail is better than the fate he faces in Mexico. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. We contacted our attorney in the state where we live and he recommended Matt to us. there are basically two types of police investigation, reactive and proactive. Read More >>. 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. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Being a CI is a very dangerous, risky endeavor. 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. 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. And the devices are constantly evolving and improving. But as that investigation started, ICE's prized snitch came under suspicion. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. This website is for general informational purposes only. It's also the least painful and expensive. The memo stated that those rules would be part of a new policy handbook. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. He also tried to get Congress to investigate, but that went nowhere. <<59BC4FB09E3701468D15B956FB86861C>]>> "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 5. Marvin Christensen @MarvinChristensen988. Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. The information may prove to relate to exculpatory evidence. 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. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). Contact us. If youre worried about how to beat a confidential informant, let the, represent you. 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. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. It just made me sick. Here in Mexico, there is no justice, only impunity. The police can use information gained from the CI about you that the Government can use when prosecuting your case. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Believe it or not it is legal for law enforcement to pay a government snitch! This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. How credible is the confidential informant? Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. Courtesy Texas DMV, U.S. D.O.J. "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.". Confidential informants arent the same as anonymous sources or tipsters. He also helped crack a major international cigarette smuggling ring. He's clean-cut and clearly educated. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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.
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