Courtesy Raul Loya The CI will likely be paying with marked money. "I really was doing something good," he said. "I had to go to the restroom and throw up. Lalo's information was on the mark. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 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. And the devices are constantly evolving and improving. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Stay up-to-date with how the law affects your life. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. hide caption. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. His performance in court was outstanding and gave me a big victory. The guidelines can be used to develop or revise written directives for using and managing informants. You impeach them on the stand, which discredits the evidence, information, and testimony they give. See are article relating to Missouri's witness protection program and the lack of uptake. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. 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. 0000001094 00000 n If CIs were public record, it would put their lives in danger and the lives of their loved ones. On the tape, Lalo looks more like a victim than a drug thug. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. 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. of this site is subject to additional 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. "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. 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. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. In 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." advice, does not constitute a lawyer referral service, and no attorney-client or 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. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). It's also the least painful and expensive. The true identity of a confidential informant should be strictly limited to an identified number of people. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Penalties for Drug Possession Charges as a Minor. 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. 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. 3 man in the Juarez cartel. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. To the U.S. government, he was officially informant No. 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. 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 . 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Some people have heard of the witness protection program in movies or TV shows. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. He also tried to get Congress to investigate, but that went nowhere. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. The government does not have the resources or time to do this. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The recording devices used have become very sophisticated and are virtually undetectable. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. "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. There are legal defenses available to you. 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. The police have the upper hand on CIs. Some informants have personalities that make them difficult to manage. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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? "It was so horrible. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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). He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. LockA locked padlock All rights reserved. 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. Skip to content. The reason for this is the police use the CI to gain probable cause for your arrest. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Can a felon be a confidential informant? No, the identity of informants are not public record. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. The crux revolves around the confidential part of the confidential informant. However, an informant whos been burnt obviously wont be trusted in their typical circles. Then, at trial, the Government calls the . During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. It hit me like cold water in the face; it just feels terrible. Confidentiality is what makes the informant valuable. The more specific and detailed, the more likely a court is to accept a CI's information. 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. . You may not see or notice the police. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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. What evidence is needed to make a drug bust? The CI may be charged with a serious drug (or other) criminal offense. 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 conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The use of informants by police is essentially unregulated by the courts. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. But he had his reasons for informing on the drug gang. 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. Every day that passes is another day that the prosecutors office is working to secure your guilt. 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. 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. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. For a free legal consultation, call 215.515.3360. "I don't know if they are going to keep me here for the rest of my life," he said. Choosing the right attorney can be the most important step youll ever take. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo 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. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. In the end the police are working for the government and you are left holding the bag. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, 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. This site is protected by Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. The agency began deportation proceedings with the intention of sending him back to Mexico. 0000000576 00000 n 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. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 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. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. You cant enforce these agreements or conversations. You may feel you are being watched. 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. %PDF-1.3 % A common myth that is absolutely not true is that confidential informants do not testify in trials. Secure .gov websites use HTTPS 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. 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. Mathew did an amazing job in court. and Raul Loya Confidential informants people who pose. Drug smuggling turned out to be the least of Lalo's exploits. 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. But as that investigation started, ICE's prized snitch came under suspicion. A .gov website belongs to an official government organization in the United States. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. "He would say, 'We're going to have a barbecue.' They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. This website is for general informational purposes only. This is very wrong and a misconception. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Copyright 2023 MH Sub I, LLC dba Internet Brands. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 0000001889 00000 n But this is nearly non-existent in state cases and rare, at best, in federal cases. The amount of a drug for which trafficking charges are applicable varies depending on the substance. As with most things in the legal world, knowing how to beat a CI depends on your case. Saying they have a CI may be a cover for ill-gotten evidence and information. Exculpatory evidence is evidence that could clear the defendant of guilt. %%EOF "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. 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. Contact Susan Williams today for a free consultation. 142 0 obj<>stream But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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 often comes to light that things may not be as they seem and this can greatly help your defense. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. And gaining a better understanding of what motivates people takes time. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. What Are the Different Types of Injunctions in Florida? Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If youre worried about how to beat a confidential informant, let the, represent you. Please explain why you are flagging this content: * This will flag comments for moderators to take action. This is a common issue people face when working as CIs. xref It all depends on the facts of your case. . 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. This is something that can be used to impeach him when he testifies. Supplemental Terms. 5. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 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. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. Throughout, he maintained consistent communication each step of the way until my case was resolved. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Raul Bencomo, then an agent with U.S. Customs, assigned code No. To the U.S. government, he was officially informant No. Once the case was done, ICE was also done with Lalo. How Do You Beat a Drug Trafficking Charge in Florida? xb```Il@r/ 0! The Drug Enforcement Administration blacklisted him. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Visit https://www.gustitislaw.com for more information about inform. Official websites use .gov 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. "Are you kidding me? But Bencomo stayed on, and so did Lalo. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. A simple he-said-she-said backed up with no observations won't be worth much in court. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. How Can Mitigation Help Get Me The Lowest Possible Sentence? The problem is that there is no one to police the police. Highlight information that would indicate their dishonesty or bias. Bencomo says Lalo was different from other informants. A few other articles found on the internet will give an expanded version of that list.