"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.' Law enforcement will often corroborate a CI's information with consistent observations by officers. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 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. 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. 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. So how can a court find a CI's testimony to be credible? "It just made me sick," he says. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. "I had to go to the restroom and throw up. It is possible to beat drug trafficking charges. The agency began deportation proceedings with the intention of sending him back to Mexico. The information may prove to relate to exculpatory evidence. For a free legal consultation, call 215.515.3360. And gaining a better understanding of what motivates people takes time. 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. This is a common issue people face when working as CIs. 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. 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. But that is the sobering truth of being a CI. All rights reserved. 913, though most called him by the nickname Lalo. 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. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. It depends. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Bencomo was the only one fired as a result of the Lalo fiasco. His performance in court was outstanding and gave me a big victory. Becoming an Informant | Office of Justice Programs With every new body, the smell would hit us it was horrible. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. How Much Jail Time for Felony Grand Theft? Possess a dangerous drug for sale. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. "I don't know if they are going to keep me here for the rest of my life," he said. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. "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?" 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. In all, there were 12 victims. "I was shocked. How to beat a confidential informant - Quora A. 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? 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. 6. The government could decide to charge someone who does that with obstruction of justice, among other things. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Mathew is really eloquent and smart. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt . 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? Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Therefore, they wont be able to provide any information. Yes, a felon can be an informant. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Your access of/to and use If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. "There were these code words that the bosses would say to Lalo," Huerta says. Throughout, he maintained consistent communication each step of the way until my case was resolved. Guadalupe Juarez/AFP/Getty Images 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. Distinguished: An excellent rating for a lawyer with some experience. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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). As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. Thus, a court needs some basis for a CI's allegations. code or county). 0000018883 00000 n
The attorney A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. Drug smuggling turned out to be the least of Lalo's exploits. 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. What are the different Martindale-Hubbell Peer Review Ratings?*. There may be cameras in the location that the deal takes place. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. listings on the site are paid attorney advertisements. %%EOF
Theres another reason police may want to keep the identity of their informant a secret: they dont have one. I couldn't believe it," says the DEA's Sandalio Gonzalez. This is the first time that Bencomo has talked publicly. But he had his reasons for informing on the drug gang. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The CI may be working several buy busts before the CIs work is finished with the police. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Martindale-Hubbell validates that a reviewer is a person with a valid email address. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Believe it or not it is legal for law enforcement to pay a government snitch! 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. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. Visit our attorney directory to find a lawyer near you who can help. Both federal and state law enforcement officers use confidential informants. How to Beat a Drug Trafficking Charge in Florida 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. he says. A .gov website belongs to an official government organization in the United States. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. It just made me sick. 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. reCAPTCHA and the Google Privacy Policy and The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. 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. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. It hit me like cold water in the face; it just feels terrible. 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. However, you need a tireless defense team fighting on your behalf. 0000017958 00000 n
Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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, 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. and Raul Loya. The Use of 'Confidential Informants' Can Lead to Unnecessary and 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. However, the above measures are extra insurance for the police, they are not required. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Saying they have a CI may be a cover for ill-gotten evidence and information. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Informants. There are two opportunities to find out the identity of a confidential informant: before and during trial. Contributing to the Delinquency of a Minor. 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. 3. Fortunately we have done it for you. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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. ) or https:// means youve safely connected to the .gov website. Guadalupe Juarez/AFP/Getty Images They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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. 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. Skip to content. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt relationship. hide caption. You may feel trapped by serving as a Government informant. abstract. 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 monograph is organized around the confidential informant's employment . The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Even with the promise of payment, the decision to become a CI is very dangerous. The CI must provide 100% honest information. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. For now, he said, jail is better than the fate he faces in Mexico. If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. In any case, the outcome will most likely benefit you as the defendant. We contacted our attorney in the state where we live and he recommended Matt to us. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 0000000884 00000 n
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On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. The CI may be required to testify in a trial of the person they are snitching on. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. 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. The CI is assigned a CI number and agrees to provide information about your case to the police. And the devices are constantly evolving and improving. Former agent Bencomo remembers listening to the tape. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you.