Thus, a court needs some basis for a CI's allegations. Once the government uses you as a CI, they can be done with you. On the tape, Lalo looks more like a victim than a drug thug. The attorney 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. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. How Do You Beat a Drug Trafficking Charge in Florida? Copyright 2023 Weinstein Legal. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Call 954-845-0505 any time, day or night, to speak with a member of our team. 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. "I don't know if they are going to keep me here for the rest of my life," he said. The CI must provide 100% honest information. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. The state will do its best to not reveal the identity of the CI. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Thank you Mathew!! "He would say, 'We're going to have a barbecue.' ICE says the fault lies with former agent Bencomo, Lalo's handler. How Much Jail Time for Felony Grand Theft? A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Stay up-to-date with how the law affects your life. 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. Human motives and motivation is a complex subject with many competing theories. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. We found ourselves against all odds. He also helped crack a major international cigarette smuggling ring. He also tried to get Congress to investigate, but that went nowhere. I couldn't believe it," says the DEA's Sandalio Gonzalez. "I had to go to the restroom and throw up. "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. 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 . During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. Ashok Dhamija If you agree to work with the FBI, you will be . Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. The purpose of the ruling is to establish an informant . 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. Possibly, yes. Law enforcement will often corroborate a CI's information with consistent observations by officers. I took the recording and I told my supervisor that I didn't wish to be part of the case. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Meeting with a lawyer can help you understand your options and how to best protect your rights. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. His performance in court was outstanding and gave me a big victory. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. 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. And gaining a better understanding of what motivates people takes time. Answer (1 of 5): The first thing you need to do is know your enemy. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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 . The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Saying they have a CI may be a cover for ill-gotten evidence and information. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. But in either language, his story is the same. What evidence is needed to make a drug bust? 0000018883 00000 n Understanding motive and motivation. The CI may be wearing a wire or recording device. 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. 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 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. The majority of informants are those working off . As with most things in the legal world, knowing how to beat a CI depends on your case. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. "That was the first incident that I ever came across that he was working both sides," Bencomo says. What Are the Different Types of Injunctions in Florida? If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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 information may prove to relate to exculpatory evidence. 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). In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. There are two opportunities to find out the identity of a confidential informant: before and during trial. "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.". 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). confidential relationship is or should be formed by use of the site. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. 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. The CI will likely be paying with marked money. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. This may result in longer prison sentences and larger fines associated with a conviction. My reservations were quickly eased during my initial consultation. And Lalo was with them. This site is protected by To the U.S. government, he was officially informant No. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. Guadalupe Juarez/AFP/Getty Images But as that investigation started, ICE's prized snitch came under suspicion. 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. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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 order drugs from the CI. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. xb```Il@r/ 0! Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Eventually, a dozen bodies were unearthed at the site. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. However, the above measures are extra insurance for the police, they are not required. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. The recording devices used have become very sophisticated and are virtually undetectable. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. However, you need a tireless defense team fighting on your behalf. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Lalo's information was on the mark. 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Lalo said his actions were necessary to maintain his cover. What are the different Martindale-Hubbell Peer Review Ratings?*. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. This is something that can be used to impeach him when he testifies. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Guadalupe Juarez/AFP/Getty Images 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. hide caption. ZIP Copyright 2023 MH Sub I, LLC dba Internet Brands. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. The most common way to become an FBI informant is to be approached by the FBI. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. How credible is the confidential informant? by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 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 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. 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? A simple he-said-she-said backed up with no observations won't be worth much in court. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Yes, a felon can be an informant. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. The majority of informants are those working off their own cases. Then, at trial, the Government calls the . Is a Confidential Informant Truthful? hide caption. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. You may not see or notice the police. There are legal defenses available to you. 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 . He's clean-cut and clearly educated. It just made me sick. To the U.S. government, he was officially informant No. The required areas are criminal justice, law enforcement, police science, etc. Among the victims were two U.S. residents. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Even with the promise of payment, the decision to become a CI is very dangerous. And the devices are constantly evolving and improving. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: [email protected] We provide the best confidential informant training available. Contact Susan Williams today for a free consultation. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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 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. Informants. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 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. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Courtesy Texas DMV, U.S. D.O.J. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Courtesy Texas DMV, U.S. D.O.J. Official websites use .gov 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. 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. "It hit me like cold water in the face; it just feels terrible. 129 0 obj <> endobj A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. An attorney may help you weigh your options. AV Preeminent: The highest peer rating standard. Fabricating a confidential informant can lead to dire consequences. We contacted our attorney in the state where we live and he recommended Matt to us. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. In general, the Government goes to great lengths to not reveal the identity of snitches. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. Confidential Informant Testifies as Government Witness. He says that the agency's guidelines for using confidential informants are sound. With every new body, the smell would hit us it was horrible. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. abstract. Courtesy Texas DMV, U.S. D.O.J. If youre worried about how to beat a confidential informant, let the, represent you. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. [It is only available to law enforcement.]. Confidentiality is what makes the informant valuable. 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. 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. The feds paid Lalo well: nearly $250,000 over four years. 5. It depends. Lalo wasn't looking to make a deal. 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. The reason for this is the police use the CI to gain probable cause for your arrest. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. You must have an associate's degree and a bachelor's degree in the relevant areas. "Are you kidding me? 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. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 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. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. 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. The monograph is organized around the confidential informant's employment . 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. It is not like the old school movies where you can see a wire taped under someones shirt. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. We came back night after night to see how many they dug up.". A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. ICE says it learned some lessons dealing with Lalo. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says.
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