Understanding an informants motives for providing information is fundamental to managing them effectively. Do not wait to start working on your defense. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 129 0 obj <> endobj "I was shocked. It just made me sick. 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. However, an informant whos been burnt obviously wont be trusted in their typical circles. He's clean-cut and clearly educated. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. 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. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. It often comes to light that things may not be as they seem and this can greatly help your defense. 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. That's all I'm doing right now.". Timeline: An ICE Informant Run Amok Or Mishandled? Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. There are legal defenses available to you. This important decision can affect you the rest of your life and possibly even your loved ones or friends. So how can a court find a CI's testimony to be credible? 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. There is no obligation from the Government to protect you the rest of your life because you served as a CI. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Confidential Informants can never be 100% protected by the Government or anyone else. This is very wrong and a misconception. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. 913, though most called him by the nickname Lalo. Some people have heard of the witness protection program in movies or TV shows. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. The identity of the CI can be necessary to a Defendants defense in their criminal case. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . The use of informants by police is essentially unregulated by the courts. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 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? This is something that can be used to impeach him when he testifies. 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. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. There must be some legal guarantee that a CI's info is good. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Once the government uses you as a CI, they can be done with you. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. But it wasn't just the people of Juarez who were outraged. Informants nationwide end up beaten, tortured and dead once they're found out. The information may prove to relate to exculpatory evidence. 0000000016 00000 n Theres another reason police may want to keep the identity of their informant a secret: they dont have one. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. 0000032775 00000 n The guidelines can be used to develop or revise written directives for using and managing informants. Distinguished: An excellent rating for a lawyer with some experience. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Penalties for Drug Possession Charges as a Minor. 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. 129 14 You may feel trapped by serving as a Government informant. The monograph is organized around the confidential informant's employment . 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 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. and Raul Loya Confidential informants people who pose. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. The purpose of the ruling is to establish an informant . They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. "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.". The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. A. 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. LockA locked padlock code or county). "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". As with most things in the legal world, knowing how to beat a CI depends on your case. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. However, you need a tireless defense team fighting on your behalf. All these only go to reinforce stereotypes. This is the first time that Bencomo has talked publicly. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Supplemental Terms. It has been dubbed the House of Death. If you need help defending yourself from these cases, our criminal defense firm can help. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? "That was the first incident that I ever came across that he was working both sides," Bencomo says. No one. A person shall not knowingly: 1. The problem is that there is no one to police the police. The feds paid Lalo well: nearly $250,000 over four years. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Criminal defense attorneys have a host of tools to do this. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Matthew and his team made calls and were very persistent. 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. Fortunately we have done it for you. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). The majority of informants are those working off their own cases. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Absolutely. 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? 0000001540 00000 n Lalo has been in solitary confinement for more than five years. Here in Mexico, there is no justice, only impunity. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. If CIs were public record, it would put their lives in danger and the lives of their loved ones. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. . The CI will likely be paying with marked money. Our consultant Dr John Buckley will be. and Raul Loya. 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. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. Mathew did an amazing job in court. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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. 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. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Lalo wasn't looking to make a deal. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Then, at trial, the Government calls the . Your access of/to and use Secondly, know all the versions of the s. %PDF-1.3 % $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. He explained to my husband and I what my son was facing. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Throughout, he maintained consistent communication each step of the way until my case was resolved. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Bencomo says the agents were told that Santillan was the No. But in either language, his story is the same. Stay up-to-date with how the law affects your life. For a free legal consultation, call 215.515.3360. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. 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. However, the above measures are extra insurance for the police, they are not required. The required areas are criminal justice, law enforcement, police science, etc. Our son was distraught and frightened and Matt was very reassuring and supportive. How Can Mitigation Help Get Me The Lowest Possible Sentence? A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. 0000032339 00000 n Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Identities should be stored in a system with the highest level of security and with Role Based Access Control. There may be cameras in the location that the deal takes place. 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. 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. 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. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Law enforcement will often corroborate a CI's information with consistent observations by officers. Matt was available throughout the process for consultations with both my son and his parents. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Learn more 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 informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Secure .gov websites use HTTPS Is a Confidential Informant Truthful? If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. Copyright 2023 Weinstein Legal. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. He says that the agency's guidelines for using confidential informants are sound. These guys are El Paso's version of the Keystone Kops," Loya says. 6. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. Human motives and motivation is a complex subject with many competing theories. Courtesy Raul Loya You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. The killings in Juarez took place more than six years ago. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Do not allow any of these things to happen to you. He says Lalo was the keeper of the keys. This site is protected by 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 0000000966 00000 n "There were these code words that the bosses would say to Lalo," Huerta says. This decision can affect you and others for the rest of your life. Highlight information that would indicate their dishonesty or bias. 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, Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The police can use information gained from the CI about you that the Government can use when prosecuting your case. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. The memo stated that those rules would be part of a new policy handbook. 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. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. He also tried to get Congress to investigate, but that went nowhere. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. xref Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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. "And you have to act like a criminal.". Answer (1 of 5): The first thing you need to do is know your enemy. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The best way to beat the system and stay out of prison is don't break the law. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. The information provided on this site is not legal Believe it or not it is legal for law enforcement to pay a government snitch!
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