This important decision can affect you the rest of your life and possibly even your loved ones or friends. 0000001540 00000 n 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. In all, there were 12 victims. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. 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. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. The information provided on this site is not legal ) or https:// means youve safely connected to the .gov website. It can also be risky for the prosecution if they must give the CIs identity to the defense later. trailer It is not like the old school movies where you can see a wire taped under someones shirt. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Both federal and state law enforcement officers use confidential informants. It depends. 0000000576 00000 n hide caption. 0000001273 00000 n It is important for law enforcement to protect the credibility of the informant as much as possible. Share sensitive information only on official, secure websites. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. 913, though most called him by the nickname Lalo. 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. 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. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. We came back night after night to see how many they dug up.". Confidentiality is what makes the informant valuable. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. His sincerity, empathy and commitment to advocating on my behalf were apparent. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Lalo said his actions were necessary to maintain his cover. Once the government uses you as a CI, they can be done with you. The reason for this is the police use the CI to gain probable cause for your arrest. "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.' Confidentiality is what makes the informant valuable. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Choosing the right attorney can be the most important step youll ever take. listings on the site are paid attorney advertisements. The content of the responses is entirely from reviewers. Former agent Bencomo remembers listening to the tape. Official websites use .gov The use of informants by police is essentially unregulated by the courts. And gaining a better understanding of what motivates people takes time. This is a common issue people face when working as CIs. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 0000001712 00000 n Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Do not allow any of these things to happen to you. How To Beat A Confidential Informant - Wakelet Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law 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. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. 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. A few other articles found on the internet will give an expanded version of that list. There may be other reasons why the identity of the CI will be revealed. 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). This video explains the risks and benefits of working as a police confidential informant. 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. "Are you kidding me? Yes, a felon can be an informant. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. But in Lalo's case, he says, rogue agents didn't properly follow them. 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Courtesy Texas DMV, U.S. D.O.J. 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. Even with the promise of payment, the decision to become a CI is very dangerous. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Thank you Mathew!! In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. A .gov website belongs to an official government organization in the United States. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. code or county). 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. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. So how can a court find a CI's testimony to be credible? "I had to go to the restroom and throw up. It's also the least painful and expensive. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Your access of/to and use Mathew did an amazing job in court. The Use of 'Confidential Informants' Can Lead to Unnecessary and By searching the informant, surveilling the buy, and taking other similar measures, the goal is to eliminate the possibility that the informant could plant the drugs on the suspect in order to fulfill the deal with the police. However, you need a tireless defense team fighting on your behalf. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. Possess a dangerous drug for sale. The identity of the CI can be necessary to a Defendants defense in their criminal case. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Kansas bill would give context about jailhouse informants | The Kansas 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. 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. You may feel trapped by serving as a Government informant. 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. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. I had to go to the restroom and throw up. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Informants. The guidelines can be used to develop or revise written directives for using and managing informants. "We stayed there all night and watched as they pulled out bodies," Magana says. 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. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. "It was so horrible. There should be an audit trail detail who has seen the true identity and when they saw it. 0000017958 00000 n A still from a video in which Lalo talks about his case. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Experts explain how confidential informants infect the - Inlander Visit https://www.gustitislaw.com for more information about inform. Stay up-to-date with how the law affects your life. Confidential Informants > JAG Reporter > Article View Post This field is for validation purposes and should be left unchanged. 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. If you agree to work with the FBI, you will be . It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. He also tried to get Congress to investigate, but that went nowhere. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 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. 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. 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. 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. But as that investigation started, ICE's prized snitch came under suspicion. The killings in Juarez took place more than six years ago. It often comes to light that things may not be as they seem and this can greatly help your defense. The more specific and detailed, the more likely a court is to accept a CI's information. How to discredit a confidential informant during a criminal trial - Quora 28 How To Beat A Confidential Informant 02/2023 - KTHN Do not wait to start working on your defense. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. You must have an associate's degree and a bachelor's degree in the relevant areas. No, the identity of informants are not public record. 0 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. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". My reservations were quickly eased during my initial consultation. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. 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. 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. The crux revolves around the confidential part of the confidential informant. In my mind, he was given a license to kill. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. <<59BC4FB09E3701468D15B956FB86861C>]>> Timeline: An ICE Informant Run Amok Or Mishandled? As with most things in the legal world, knowing how to beat a CI depends on your case. "Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder," he says. Beat a Confidential Information in Philadelphia | Cases with CI See are article relating to Missouri's witness protection program and the lack of uptake. 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. 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. But he had his reasons for informing on the drug gang. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Then, at trial, the Government calls the . 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. 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. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. advice, does not constitute a lawyer referral service, and no attorney-client or Believe it or not it is legal for law enforcement to pay a government snitch! ZIP "So where are we going to find any help if we can't trust the U.S.?". Confidential Informants can never be 100% protected by the Government or anyone else. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. However, this does not have to be the case. 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. We contacted our attorney in the state where we live and he recommended Matt to us. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. The attorney Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . A person shall not knowingly: 1. Once the case was done, ICE was also done with Lalo. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. reCAPTCHA and the Google Privacy Policy and But this is nearly non-existent in state cases and rare, at best, in federal cases. The feds paid Lalo well: nearly $250,000 over four years. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Read More >>. 0000017403 00000 n The CI may be charged with a serious drug (or other) criminal offense. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. for the objects of police raids if things go awry. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. %PDF-1.3 % Possibly, yes. Schedule a free consultation today. 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.

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