how to beat a confidential informant how to beat a confidential informant

A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. This website is for general informational purposes only. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 6. 0000000966 00000 n 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. Possess or use a dangerous drug. He explained to my husband and I what my son was facing. It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. This may result in longer prison sentences and larger fines associated with a conviction. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. A simple he-said-she-said backed up with no observations won't be worth much in court. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. 0000001712 00000 n Our son was distraught and frightened and Matt was very reassuring and supportive. Confidential informants arent the same as anonymous sources or tipsters. 913, though most called him by the nickname Lalo. It often comes to light that things may not be as they seem and this can greatly help your defense. He also helped crack a major international cigarette smuggling ring. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. xb```Il@r/ 0! The killings in Juarez took place more than six years ago. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. The identity of the CI can be necessary to a Defendants defense in their criminal case. The CI knows he/she is working as a snitch, but you do not. there are basically two types of police investigation, reactive and proactive. Thus, a court needs some basis for a CI's allegations. 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. A lock ( Put crudely . 142 0 obj<>stream 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. Drug smuggling turned out to be the least of Lalo's exploits. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. The content of the responses is entirely from reviewers. It is possible to beat drug trafficking charges. 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." The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Throughout, he maintained consistent communication each step of the way until my case was resolved. You will not be able to notice the marks. But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. 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. AV Preeminent: The highest peer rating standard. A .gov website belongs to an official government organization in the United States. 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? There are two opportunities to find out the identity of a confidential informant: before and during trial. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Bencomo says the agents were told that Santillan was the No. 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. And gaining a better understanding of what motivates people takes time. The attorney "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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. Can a REDDI Report Be the Legal Basis for a Traffic Stop? An official website of the United States government, Department of Justice. (The capacity for telling lies is called "mendacity," in case you were wondering.) The purpose of the ruling is to establish an informant . "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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 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. The majority of informants are those working off . Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 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. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. The pros and cons of being a confidential informant. Both federal and state law enforcement officers use confidential informants. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. The guidelines can be used to develop or revise written directives for using and managing informants. This is something that can be used to impeach him when he testifies. and Raul Loya Confidential informants people who pose. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Confidential Informants can never be 100% protected by the Government or anyone else. Sign up. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. "I had to go to the restroom and throw up. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. If you agree to work with the FBI, you will be . "That was the first incident that I ever came across that he was working both sides," Bencomo says. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. 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. I would recommend Justin without reservation to anyone seeking representation. The crux revolves around the confidential part of the confidential informant. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Police and prosecutors generally want to keep the identity of their CI a secret. There must be some legal guarantee that a CI's info is good. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. What evidence is needed to make a drug bust? Visit https://www.gustitislaw.com for more information about inform. 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. 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. abstract. That's all I'm doing right now.". Active listening for police - a skill for conflict avoidance. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The government does not have the resources or time to do this. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. So where are we going to find any help if we can't trust the U.S.? For a free legal consultation, call 215.515.3360. However, this does not have to be the case. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. We contacted our attorney in the state where we live and he recommended Matt to us. Learn more Copyright 2023 Weinstein Legal. Lalo has been in solitary confinement for more than five years. All rights reserved. You cant enforce these agreements or conversations. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. xref A. 2. 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. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 3. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Courtesy Texas DMV, U.S. D.O.J. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 913, though most called him by the nickname Lalo. But as that investigation started, ICE's prized snitch came under suspicion. Penalties for Drug Possession Charges as a Minor. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. Official websites use .gov Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Raul Bencomo, then an agent with U.S. Customs, assigned code No. How credible is the 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. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Courtesy Texas DMV, U.S. D.O.J. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Police and prosecutors generally want to keep the identity of their CI a secret. The CI will likely be paying with marked money. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. The CI is assigned a CI number and agrees to provide information about your case to the police. There are legal defenses available to you. 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. To the U.S. government, he was officially informant No. The recording devices used have become very sophisticated and are virtually undetectable. The police can use information gained from the CI about you that the Government can use when prosecuting your case. A still from a video in which Lalo talks about his case. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. The Client Review Rating score is determined through the aggregation of validated responses. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. "It was so horrible. On the tape, Lalo looks more like a victim than a drug thug. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. But Bencomo stayed on, and so did Lalo. 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. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. See are article relating to Missouri's witness protection program and the lack of uptake. Our consultant Dr John Buckley will be. Skip to content. %PDF-1.3 % Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. I am not saying my child didnt have a breakdown. . "I don't know if they are going to keep me here for the rest of my life," he said. 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). Contact Susan Williams today for a free consultation. He's clean-cut and clearly educated. The feds paid Lalo well: nearly $250,000 over four years. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. The government could decide to charge someone who does that with obstruction of justice, among other things. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. And Lalo was with them. The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. 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". 0000000884 00000 n for the objects of police raids if things go awry. All rights reserved.|Disclaimer|Privacy policy. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Terms of Service apply. Even with the promise of payment, the decision to become a CI is very dangerous. 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. For now, he said, jail is better than the fate he faces in Mexico. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. He says that the agency's guidelines for using confidential informants are sound. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. "I really was doing something good," he said. 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. Gonzalez lodged a complaint against ICE. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. You order drugs from the CI. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. No one. If CIs were public record, it would put their lives in danger and the lives of their loved ones. "There were these code words that the bosses would say to Lalo," Huerta says. The CI must provide 100% honest information. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 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. 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. 0000018883 00000 n In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. ) or https:// means youve safely connected to the .gov website. 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. 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. 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. Bencomo says Lalo was different from other informants. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. But this is nearly non-existent in state cases and rare, at best, in federal cases. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. in the former, a crime is reported to the police and an investigation is initiated; in the latter . But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. It has been dubbed the House of Death. It hit me like cold water in the face; it just feels terrible. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. And he didn't need the money he was already making plenty in Juarez's drug trade.