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In all, there were 12 victims. Details for individual reviews received before 2009 are not displayed. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. There should be an audit trail detail who has seen the true identity and when they saw it. 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 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. trailer ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. In any case, the outcome will most likely benefit you as the defendant. 1 ANSWER. and Raul Loya. Guadalupe Juarez/AFP/Getty Images As with most things in the legal world, knowing how to beat a CI depends on your case. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. The amount of a drug for which trafficking charges are applicable varies depending on the substance. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. And the CI must answer the question truthfully or else possibly face sanctions in court. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. The majority of informants are those working off . Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 913, though most called him by the nickname Lalo. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. A common myth that is absolutely not true is that confidential informants do not testify in trials. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. 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. The memo stated that those rules would be part of a new policy handbook. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Ashok Dhamija "What is wrong with this picture?". No, the identity of informants are not public record. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. 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? Are Confidential Informants Credible? Copyright 2022, Thomson Reuters. But she did. Saying they have a CI may be a cover for ill-gotten evidence and information. That's all I'm doing right now.". You cant enforce these agreements or conversations. Some people have heard of the witness protection program in movies or TV shows. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. 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? 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. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Eventually, a dozen bodies were unearthed at the site. The monograph is organized around the confidential informant's employment . Please explain why you are flagging this content: * This will flag comments for moderators to take action. A responsive, knowledgeable and skilled attorney. 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. startxref 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. Here in Mexico, there is no justice, only impunity," Magana says. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 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. 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. "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. Police and prosecutors generally want to keep the identity of their CI a secret. Visit our attorney directory to find a lawyer near you who can help. 129 14 Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. ICE says the fault lies with former agent Bencomo, Lalo's handler. If youre worried about how to beat a confidential informant, let the, represent you. ) or https:// means youve safely connected to the .gov website. Some informants have personalities that make them difficult to manage. 0000001540 00000 n If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. The killings in Juarez took place more than six years ago. Lawyers from our extensive network are ready to answer your question. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. I would recommend Justin without reservation to anyone seeking representation. Human motives and motivation is a complex subject with many competing theories. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. In this hour of need and when this medical pro Mat was such a relief to our family! 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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. 2. advice, does not constitute a lawyer referral service, and no attorney-client or For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 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. This story was produced for broadcast by Marisa Penaloza. In my mind, he was given a license to kill. reCAPTCHA and the Google Privacy Policy and Learn more Eventually, a dozen bodies were unearthed at the site. 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. 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. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. There are two opportunities to find out the identity of a confidential informant: before and during trial. The information provided on this site is not legal If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. He says Lalo was the keeper of the keys. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. . The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. For a quick fix solution Wikipedia provides a list of potential motivations. Stay up-to-date with how the law affects your life. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Put crudely . 6. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. He says that the agency's guidelines for using confidential informants are sound. 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. A still from a video in which Lalo talks about his case. I am not saying my child didnt have a breakdown. It just made me sick. The reason for this is the police use the CI to gain probable cause for your arrest. 0000001712 00000 n Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. ICE says it learned some lessons dealing with Lalo. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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. It is ugly. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. So where are we going to find any help if we can't trust the U.S.? These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. The purpose of the ruling is to establish an informant . Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. The best way to beat the system and stay out of prison is don't break the law. ZIP Understanding motive and motivation. There must be some legal guarantee that a CI's info is good. 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. It has been dubbed the House of Death. But as that investigation started, ICE's prized snitch came under suspicion. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. 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. hide caption. But he had his reasons for informing on the drug gang. A. Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. 0000017403 00000 n Secondly, know all the versions of the s. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. 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. 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. His handlers did well, too. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The problem is that there is no one to police the police. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 0000001889 00000 n However, an informant whos been burnt obviously wont be trusted in their typical circles. Supplemental Terms. He also helped crack a major international cigarette smuggling ring. Courtesy Raul Loya Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. And gaining a better understanding of what motivates people takes time. Skip to content. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. Here in Mexico, there is no justice, only impunity. Why did the chicken cross the road ? I took the recording and I told my supervisor that I didn't wish to be part of the case.". 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. 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 . I couldn't believe it," says the DEA's Sandalio Gonzalez. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 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. How Do You Beat a Drug Trafficking Charge in Florida? Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. Terms of Service apply. Matt was available throughout the process for consultations with both my son and his parents. Lalo's information was on the mark. The guidelines can be used to develop or revise written directives for using and managing informants. and Raul Loya **This website is meant to provide meaningful information, but does not create an attorney-client relationship. So how can a court find a CI's testimony to be credible? The majority of informants are those working off their own cases. "We stayed there all night and watched as they pulled out bodies," Magana says. Login. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Mathew did an amazing job in court. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. 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. 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. Confidential Informant Testifies as Government Witness. Read More >>. Visit https://www.gustitislaw.com for more information about inform. All these only go to reinforce stereotypes. "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.' 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. 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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Do not allow any of these things to happen to you. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Bencomo says the agents were told that Santillan was the No. The police have the upper hand on CIs. 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. 0000032339 00000 n And he didn't need the money he was already making plenty in Juarez's drug trade. Highlight information that would indicate their dishonesty or bias. The CI may do controlled buys. This means that the CI will have an agreement with the police. How credible is the confidential informant? 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. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Distinguished: An excellent rating for a lawyer with some experience. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. hide caption. Possibly, yes. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. The recording devices used have become very sophisticated and are virtually undetectable. "In my mind, he was given a license to kill.". The content of the responses is entirely from reviewers. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. It's also the least painful and expensive. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. A Bureau of Justice Assistance Monograph. 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 may be cameras in the location that the deal takes place. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. and Raul Loya Confidential informants people who pose. Confidentiality is what makes the informant valuable. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. But this is nearly non-existent in state cases and rare, at best, in federal cases. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. In the end the police are working for the government and you are left holding the bag. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Share sensitive information only on official, secure websites. "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. 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. 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. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 142 0 obj<>stream State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". <<59BC4FB09E3701468D15B956FB86861C>]>> Exculpatory evidence is evidence that could clear the defendant of guilt. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? Call 954-845-0505 any time, day or night, to speak with a member of our team. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Thank you Mathew!! 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). Lalo has been in solitary confinement for more than five years. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Bencomo was the only one fired as a result of the Lalo fiasco. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Absolutely. On the tape, Lalo looks more like a victim than a drug thug. 5 Factors Courts Will Consider. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Fabricating a confidential informant can lead to dire consequences. 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. The CI may be required to testify in a trial of the person they are snitching on. 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.