Police and prosecutors generally want to keep the identity of their CI a secret. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. To the U.S. government, he was officially informant No. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Bencomo was the only one fired as a result of the Lalo fiasco. The CI will likely be paying with marked money. Exculpatory evidence is evidence that could clear the defendant of guilt. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 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. How Much Jail Time for Felony Grand Theft? 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. Saying they have a CI may be a cover for ill-gotten evidence and information. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Here in Mexico, there is no justice, only impunity. of this site is subject to additional In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Saying they have a CI may be a cover for ill-gotten evidence and information. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. "That was the first incident that I ever came across that he was working both sides," Bencomo says. The majority of informants are those working off their own cases. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' Drug trafficking charges are a felony offense, which can land you in prison for quite some time. The CI is assigned a CI number and agrees to provide information about your case to the police. 0000000966 00000 n Ashok Dhamija 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. 142 0 obj<>stream 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. Contact us. The guidelines can be used to develop or revise written directives for using and managing informants. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. The majority of informants are those working off . a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Demonstrate any past instances of false or invalidated evidence or information they have provided. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). What Are the Different Types of Injunctions in Florida? ICE says the fault lies with former agent Bencomo, Lalo's handler. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Former agent Bencomo remembers listening to the tape. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Lalo wasn't looking to make a deal. . Meeting with a lawyer can help you understand your options and how to best protect your rights. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. Mathew is really eloquent and smart. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Put crudely . 0000017403 00000 n Thus, a court needs some basis for a CI's allegations. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. However, this does not have to be the case. I had to go to the restroom and throw up. Possess a dangerous drug for sale. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. 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). I would recommend Justin without reservation to anyone seeking representation. 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, For a quick fix solution Wikipedia provides a list of potential motivations. %PDF-1.3 % This important decision can affect you the rest of your life and possibly even your loved ones or friends. Therefore, they wont be able to provide any information. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. So where are we going to find any help if we can't trust the U.S.? 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 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. The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Possess or use a dangerous drug. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. He also tried to get Congress to investigate, but that went nowhere. Can a felon be a confidential informant? "And you have to act like a criminal.". 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. 0000001889 00000 n Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. You will not be able to notice the marks. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Head of the criminal defense division and fellow partner Matt Shafran is an experienced criminal defense attorney in Florida who is ready and willing to fight aggressively in a court of law to defend your rights. Confidentiality is what makes the informant valuable. 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 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Our consultant Dr John Buckley will be. The government does not have the resources or time to do this. This field is for validation purposes and should be left unchanged. What Is the Difference between Kidnapping and False Imprisonment. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. 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. In any case, the outcome will most likely benefit you as the defendant. There may be cameras in the location that the deal takes place. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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, Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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? In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. 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 . Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Visit our attorney directory to find a lawyer near you who can help. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. The CI is searched before and after the deal by the police. 0000000576 00000 n and Raul Loya. 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. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Choosing the right attorney can be the most important step youll ever take. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. But he had his reasons for informing on the drug gang. 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. Confidential Informants can never be 100% protected by the Government or anyone else. A. 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. In all, there were 12 victims. 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. Read More >>. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. Copyright 2023 MH Sub I, LLC dba Internet Brands. You may feel trapped by serving as a Government informant. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Can a REDDI Report Be the Legal Basis for a Traffic Stop? Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 0000000884 00000 n Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. He is the best !! LockA locked padlock He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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). However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 6. Throughout, he maintained consistent communication each step of the way until my case was resolved. But that is the sobering truth of being a CI. ICE says it learned some lessons dealing with Lalo. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 3 man in the Juarez cartel. Being a CI is a very dangerous, risky endeavor. Understanding an informants motives for providing information is fundamental to managing them effectively. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. The most common way to become an FBI informant is to be approached by the FBI. 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. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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. 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. You may feel you are being watched. 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. abstract. 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. 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. Lalo has been in solitary confinement for more than five years. Guadalupe Juarez/AFP/Getty Images The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. See are article relating to Missouri's witness protection program and the lack of uptake. The state will do its best to not reveal the identity of the CI. 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. Share sensitive information only on official, secure websites. For a free legal consultation, call 215.515.3360. How Can Mitigation Help Get Me The Lowest Possible Sentence? You deserve the same chance at having an excellent legal defense. This story was produced for broadcast by Marisa Penaloza. 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. 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. But as that investigation started, ICE's prized snitch came under suspicion. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. The memo stated that those rules would be part of a new policy handbook. 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". (The capacity for telling lies is called "mendacity," in case you were wondering.) Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. His handlers did well, too. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. ) or https:// means youve safely connected to the .gov website. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. A .gov website belongs to an official government organization in the United States. 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. Answer (1 of 5): The first thing you need to do is know your enemy. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Human motives and motivation is a complex subject with many competing theories. Anyone considering being a CI should first talk to a criminal defense attorney. 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.

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