The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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 . Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Criminal Defense Attorney in Philadelphia. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. In the end the police are working for the government and you are left holding the bag. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. The problem is that there is no one to police the police. A still from a video in which Lalo talks about his case. 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. code or county). This important decision can affect you the rest of your life and possibly even your loved ones or friends. Courtesy Texas DMV, U.S. D.O.J. 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. Contributing to the Delinquency of a Minor. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. This website is for general informational purposes only. 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. Schedule a free consultation today. 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. After all, the average CI is a . The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Call 954-845-0505 any time, day or night, to speak with a member of our team. 6. 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. A .gov website belongs to an official government organization in the United States. You can receive an entirely free case evaluation with absolutely no obligation. 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. 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. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 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. In my mind, he was given a license to kill. 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. The Drug Enforcement Administration blacklisted him. 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. Possess or use a dangerous drug. Meeting with a lawyer can help you understand your options and how to best protect your rights. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. His performance in court was outstanding and gave me a big victory. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. This decision can affect you and others for the rest of your life. And he didn't need the money he was already making plenty in Juarez's drug trade. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. 0000032339 00000 n Yes, a felon can be an informant. 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. 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. 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. Copyright 2022, Thomson Reuters. "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.". Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Read More >>. 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. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Once the case was done, ICE was also done with Lalo. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. The pros and cons of being a confidential informant. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. hide caption. The content of the responses is entirely from reviewers. Lalo's information was on the mark. He explained to my husband and I what my son was facing. It all depends on the facts of your case. 129 0 obj <> endobj Confidential Informants can never be 100% protected by the Government or anyone else. 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. But that is the sobering truth of being a CI. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. Informants nationwide end up beaten, tortured and dead once they're found out. Demonstrate any past instances of false or invalidated evidence or information they have provided. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Absolutely. 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. And the devices are constantly evolving and improving. Yes, in some circumstances the police will pay a person to be a CI. It depends. An exchange for leniency in the charges against the informant generally occurs in these situations. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. There must be some legal guarantee that a CI's info is good. Put crudely . If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. Please explain why you are flagging this content: * This will flag comments for moderators to take action. The majority of informants are those working off their own cases. The government could decide to charge someone who does that with obstruction of justice, among other things. [It is only available to law enforcement.]. A lock ( 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. listings on the site are paid attorney advertisements. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. How Can Mitigation Help Get Me The Lowest Possible Sentence? LockA locked padlock The CI is searched before and after the deal by the police. 0000001273 00000 n Eventually, a dozen bodies were unearthed at the site. In this hour of need and when this medical pro Mat was such a relief to our family! The required areas are criminal justice, law enforcement, police science, etc. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. It often comes to light that things may not be as they seem and this can greatly help your defense. The government does not have the resources or time to do this. Terms of Service apply. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. "It hit me like cold water in the face; it just feels terrible. In general, the Government goes to great lengths to not reveal the identity of snitches. 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. If you agree to work with the FBI, you will be . Mathew did an amazing job in court. However, this does not have to be the case. 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. 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. 913, though most called him by the nickname Lalo. 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. Bencomo was the only one fired as a result of the Lalo fiasco. 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. With every new body, the smell would hit us it was horrible. Matt was available throughout the process for consultations with both my son and his parents. All these only go to reinforce stereotypes. The CI knows he/she is working as a snitch, but you do not. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. The state will do its best to not reveal the identity of the CI. But in Lalo's case, he says, rogue agents didn't properly follow them. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. 0000001540 00000 n Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. "And you have to act like a criminal.". In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. I would recommend Justin without reservation to anyone seeking representation. This is the first time that Bencomo has talked publicly. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. So where are we going to find any help if we can't trust the U.S.? xref A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. But it wasn't just the people of Juarez who were outraged. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. Once the government uses you as a CI, they can be done with you. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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, The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. For a quick fix solution Wikipedia provides a list of potential motivations. hide caption. Human motives and motivation is a complex subject with many competing theories. Learn more Login. The agency began deportation proceedings with the intention of sending him back to Mexico. 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. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. 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. An attorney may help you weigh your options. The high court held that reliance on informant testimony implicates . 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. This video explains the risks and benefits of working as a police confidential informant. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Confidentiality is what makes the informant valuable. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. The CI is assigned a CI number and agrees to provide information about your case to the police. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? Distinguished: An excellent rating for a lawyer with some experience. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Courtesy Texas DMV, U.S. D.O.J. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. You may feel trapped by serving as a Government informant. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Confidential Informant Testifies as Government Witness. 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. A simple he-said-she-said backed up with no observations won't be worth much in court. 0000018883 00000 n This may result in longer prison sentences and larger fines associated with a conviction. ICE says it learned some lessons dealing with Lalo. But he had his reasons for informing on the drug gang. confidential relationship is or should be formed by use of the site. The use of informants by police is essentially unregulated by the courts. 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. A Bureau of Justice Assistance Monograph. You must have an associate's degree and a bachelor's degree in the relevant areas. In all, there were 12 victims. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 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. If you need help defending yourself from these cases, our criminal defense firm can help. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. The crux revolves around the confidential part of the confidential informant. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 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. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). "It was so horrible. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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. Answer (1 of 5): The first thing you need to do is know your enemy. We contacted our attorney in the state where we live and he recommended Matt to us. "That was the first incident that I ever came across that he was working both sides," Bencomo says. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Courtesy Raul Loya Official websites use .gov Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. "What is wrong with this picture?". Copyright 2023 MH Sub I, LLC dba Internet Brands. Confidentiality is what makes the informant valuable. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 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 . No one. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. "I don't know if they are going to keep me here for the rest of my life," he said. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. These guys are El Paso's version of the Keystone Kops," Loya says. The feds paid Lalo well: nearly $250,000 over four years. 0000017403 00000 n As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. But in either language, his story is the same. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. However, you need a tireless defense team fighting on your behalf. There is no obligation from the Government to protect you the rest of your life because you served as a CI. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. But this is nearly non-existent in state cases and rare, at best, in federal cases. It hit me like cold water in the face; it just feels terrible. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. %PDF-1.3 % Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 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. You deserve the same chance at having an excellent legal defense. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Confidential informants arent the same as anonymous sources or tipsters. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Visit our attorney directory to find a lawyer near you who can help. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. He also helped crack a major international cigarette smuggling ring. The purpose of the ruling is to establish an informant . The identity of the CI can be necessary to a Defendants defense in their criminal case. ICE says the fault lies with former agent Bencomo, Lalo's handler. Thus, a court needs some basis for a CI's allegations. Is a Confidential Informant Truthful? 1 ANSWER. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. So how can a court find a CI's testimony to be credible? 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. Lalo has been in solitary confinement for more than five years. 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. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. It just made me sick. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. It is ugly. 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.
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