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

There are legal defenses available to you. ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. Schedule a free consultation today. AV Preeminent: The highest peer rating standard. CONFIDENTIAL INFORMANT | Office of Justice Programs Eventually, a dozen bodies were unearthed at the site. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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. He says Lalo was the keeper of the keys. A. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Courtesy Raul Loya In any case, the outcome will most likely benefit you as the defendant. Drug smuggling turned out to be the least of Lalo's exploits. Active listening for police - a skill for conflict avoidance. Some people have heard of the witness protection program in movies or TV shows. How To Beat A Confidential Informant - Wakelet Should You Work as a Police Confidential Informant? Defense - YouTube MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. It's also the least painful and expensive. 5. Matthew and his team made calls and were very persistent. How To Find Out If Someone Is A Police Informant 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Every day that passes is another day that the prosecutors office is working to secure your guilt. 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. The majority of informants are those working off . The attorney A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. A common myth that is absolutely not true is that confidential informants do not testify in trials. Saying they have a CI may be a cover for ill-gotten evidence and information. Opinion | Want to make a million? Become a DEA informant. Guadalupe Juarez/AFP/Getty Images %%EOF An official website of the United States government, Department of Justice. We came back night after night to see how many they dug up.". "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 913, though most called him by the nickname Lalo. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Your access of/to and use The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. advice, does not constitute a lawyer referral service, and no attorney-client or The CI must provide 100% honest information. Then, at trial, the Government calls the . 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. However, you need a tireless defense team fighting on your behalf. Put crudely . The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. It often comes to light that things may not be as they seem and this can greatly help your defense. But in either language, his story is the same. And the devices are constantly evolving and improving. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Timeline: An ICE Informant Run Amok Or Mishandled? "There were these code words that the bosses would say to Lalo," Huerta says. Believe it or not it is legal for law enforcement to pay a government snitch! A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 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. In this hour of need and when this medical pro Mat was such a relief to our family! The most common way to become an FBI informant is to be approached by the FBI. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. can you beat a controlled by Case by discrediting the - Avvo 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. The feds paid Lalo well: nearly $250,000 over four years. ICE says it learned some lessons dealing with Lalo. 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. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. and Raul Loya Confidential informants people who pose. 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. All these only go to reinforce stereotypes. 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. For now, he said, jail is better than the fate he faces in Mexico. A Bureau of Justice Assistance Monograph. Lalo's information was on the mark. 0000000576 00000 n 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. How to Beat a Drug Trafficking Charge in Florida He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. The recording devices used have become very sophisticated and are virtually undetectable. Once the case was done, ICE was also done with Lalo. "That was the first incident that I ever came across that he was working both sides," Bencomo says. 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. "So where are we going to find any help if we can't trust the U.S.?". Informants nationwide end up beaten, tortured and dead once they're found out. Possibly, yes. His handlers did well, too. about FindLaws newsletters, including our terms of use and privacy policy. 0000001712 00000 n When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. The information may prove to relate to exculpatory evidence. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. 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. Possess or use a dangerous drug. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. A responsive, knowledgeable and skilled attorney. This may result in longer prison sentences and larger fines associated with a conviction. Confidential Informants > JAG Reporter > Article View Post Bencomo was the only one fired as a result of the Lalo fiasco. You can receive an entirely free case evaluation with absolutely no obligation. Informants. The CI is searched before and after the deal by the police. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Confidential Informants can never be 100% protected by the Government or anyone else. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. 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. "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. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Exculpatory evidence is evidence that could clear the defendant of guilt. The CI may be charged with a serious drug (or other) criminal offense. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Choosing the right attorney can be the most important step youll ever take. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. We will review the facts surrounding your unique case and provide you with honest answers. 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 official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. It just made me sick. The CI knows he/she is working as a snitch, but you do not. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. "I really was doing something good," he said. 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. 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. trailer It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. 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 Case Of A Confidential Informant Gone Wrong : NPR 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. abstract. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. 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. 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. 0000017403 00000 n 913, though most called him by the nickname Lalo. Criminal Defense Attorney in Philadelphia. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Drug Informants: Motives, Methods, and Management 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. The Drug Enforcement Administration blacklisted him. startxref But as that investigation started, ICE's prized snitch came under suspicion. He also helped crack a major international cigarette smuggling ring. You may feel you are being watched. It all depends on the facts of your case. 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. How Do You Beat a Drug Trafficking Charge in Florida? I am not saying my child didnt have a breakdown. And Lalo was with them. He also tried to get Congress to investigate, but that went nowhere. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Thank you Mathew!! Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Thus, a court needs some basis for a CI's allegations. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Courtesy Texas DMV, U.S. D.O.J. The reason for this is the police use the CI to gain probable cause for your arrest. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 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. 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. [It is only available to law enforcement.]. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. You must have an associate's degree and a bachelor's degree in the relevant areas. 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. 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. The use of informants by police is essentially unregulated by the courts. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. There should be an audit trail detail who has seen the true identity and when they saw it. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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. Copyright 2022, Thomson Reuters. 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. 5 Factors Courts Will Consider. Lalo said his actions were necessary to maintain his cover. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. I had to go to the restroom and throw up. It is possible to beat drug trafficking charges. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Criminal defense attorneys have a host of tools to do this. Throughout, he maintained consistent communication each step of the way until my case was resolved. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. You cant enforce these agreements or conversations. The state will do its best to not reveal the identity of 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. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 0000000016 00000 n Both federal and state law enforcement officers use confidential informants. 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. . (The capacity for telling lies is called "mendacity," in case you were wondering.) I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. Our son was distraught and frightened and Matt was very reassuring and supportive. There is no obligation from the Government to protect you the rest of your life because you served as a CI. The agency began deportation proceedings with the intention of sending him back to Mexico. 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). The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Among the victims were two U.S. residents. Raul Bencomo, then an agent with U.S. Customs, assigned code No. The CI may do controlled buys. This means that the CI will have an agreement with the police. This story was produced for broadcast by Marisa Penaloza. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). However, this does not have to be the case. A simple he-said-she-said backed up with no observations won't be worth much in court. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. 129 0 obj <> endobj "It was so horrible. 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. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. To the U.S. government, he was officially informant No. Skip to content. The memo stated that those rules would be part of a new policy handbook. 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. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Yes, in some circumstances the police will pay a person to be a CI. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. His performance in court was outstanding and gave me a big victory. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Call 954-845-0505 any time, day or night, to speak with a member of our team. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. And the CI must answer the question truthfully or else possibly face sanctions in court. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law What Is the Difference between Kidnapping and False Imprisonment. 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. Contact Susan Williams today for a free consultation. 3. 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. 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. So how can a court find a CI's testimony to be credible? However, an informant whos been burnt obviously wont be trusted in their typical circles. Confidential informants arent the same as anonymous sources or tipsters. 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.