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That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. "I don't know if they are going to keep me here for the rest of my life," he said. Are Confidential Informants Credible? 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. 0000018883 00000 n "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". The pros and cons of being a confidential informant. Do not wait to start working on your defense. 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. 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? 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). It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. ICE says the fault lies with former agent Bencomo, Lalo's handler. Criminal defense attorneys have a host of tools to do this. 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. 0000001094 00000 n A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. All rights reserved. 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. However, you need a tireless defense team fighting on your behalf. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Yes, in some circumstances the police will pay a person to be a CI. I took the recording and I told my supervisor that I didn't wish to be part of the case. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Can a felon be a confidential informant? Yes, a felon can be an informant. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 0000017403 00000 n For a free legal consultation, call 215.515.3360. You impeach them on the stand, which discredits the evidence, information, and testimony they give. The memo stated that those rules would be part of a new policy handbook. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. How Can Mitigation Help Get Me The Lowest Possible Sentence? The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. 0000000016 00000 n This is the first time that Bencomo has talked publicly. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. However, this does not have to be the case. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. xref 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. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. There are several ways to become an FBI informant. Raul Bencomo, then an agent with U.S. Customs, assigned code No. There are two opportunities to find out the identity of a confidential informant: before and during trial. The high court held that reliance on informant testimony implicates . 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. And the devices are constantly evolving and improving. listings on the site are paid attorney advertisements. reCAPTCHA and the Google Privacy Policy and Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. The reason for this is the police use the CI to gain probable cause for your arrest. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. You must have an associate's degree and a bachelor's degree in the relevant areas. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. His sincerity, empathy and commitment to advocating on my behalf were apparent. 28 How To Beat A Confidential Informant 02/2023 - KTHN 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? will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Every day that passes is another day that the prosecutors office is working to secure your guilt. Exculpatory evidence is evidence that could clear the defendant of guilt. hide caption. All these only go to reinforce stereotypes. 0000001540 00000 n As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. The guidelines can be used to develop or revise written directives for using and managing informants. "I had to go to the restroom and throw up. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. The amount of a drug for which trafficking charges are applicable varies depending on the substance. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. 129 0 obj <> endobj Courtesy Raul Loya 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. The CI may be required to testify in a trial of the person they are snitching on. Eventually, a dozen bodies were unearthed at the site. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. You deserve the same chance at having an excellent legal defense. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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. A Bureau of Justice Assistance Monograph. The guidelines can be used to develop or revise written directives for using and managing informants. Read More >>. 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. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Matthew and his team made calls and were very persistent. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. However, the above measures are extra insurance for the police, they are not required. 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". Confidential Informants > JAG Reporter > Article View Post The Drug Enforcement Administration blacklisted him. You will not be able to notice the marks. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Visit our attorney directory to find a lawyer near you who can help. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 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. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 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. His performance in court was outstanding and gave me a big victory. With every new body, the smell would hit us it was horrible. 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. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. How Much Jail Time for Felony Grand Theft? The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Timeline: An ICE Informant Run Amok Or Mishandled? 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. But during our interview, ICE said that handbook still isn't finished. hide caption. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. Throughout, he maintained consistent communication each step of the way until my case was resolved. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. In the end the police are working for the government and you are left holding the bag. 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. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. trailer 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. Informants nationwide end up beaten, tortured and dead once they're found out. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. But she did. 0000000966 00000 n Do not allow any of these things to happen to you. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet Among the victims were two U.S. residents. To the U.S. government, he was officially informant No. Confidentiality is what makes the informant valuable. The content of the responses is entirely from reviewers. The CI may be working several buy busts before the CIs work is finished with the police. 0000032775 00000 n 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 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. 142 0 obj<>stream Lalo said his actions were necessary to maintain his cover. "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.". "It hit me like cold water in the face; it just feels terrible. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. On the tape, Lalo looks more like a victim than a drug thug. 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.