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. 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. For now, he said, jail is better than the fate he faces in Mexico. He is the best !! See are article relating to Missouri's witness protection program and the lack of uptake. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. The CI is searched before and after the deal by the police. The information provided on this site is not legal If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. 913, though most called him by the nickname Lalo. 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. Call 954-845-0505 today. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. and Raul Loya Confidential informants people who pose. A Bureau of Justice Assistance Monograph. advice, does not constitute a lawyer referral service, and no attorney-client or This is something that can be used to impeach him when he testifies. Here in Mexico, there is no justice, only impunity," Magana says. I took the recording and I told my supervisor that I didn't wish to be part of the case. To the U.S. government, he was officially informant No. 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 person shall not knowingly: 1. Secure .gov websites use HTTPS A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. and Raul Loya Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. An official website of the United States government, Department of Justice. 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. 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. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. "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. 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. listings on the site are paid attorney advertisements. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. "It just made me sick," he says. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. We came back night after night to see how many they dug up.". Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Copyright 2023 MH Sub I, LLC dba Internet Brands. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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. "I had to go to the restroom and throw up. Matthew and his team made calls and were very persistent. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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. The majority of informants are those working off . But in Lalo's case, he says, rogue agents didn't properly follow them. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. You can receive an entirely free case evaluation with absolutely no obligation. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. 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. abstract. hide caption. 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. Highlight information that would indicate their dishonesty or bias. Login. 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. In this hour of need and when this medical pro Mat was such a relief to our family! 0000017958 00000 n Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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 . 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. 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. trailer The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. To the U.S. government, he was officially informant No. The reason for this is the police use the CI to gain probable cause for your arrest. Contributing to the Delinquency of a Minor. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. What Is the Difference between Kidnapping and False Imprisonment. 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 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. This decision can affect you and others for the rest of your life. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 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". What Are the Different Types of Injunctions in Florida? It all depends on the facts of your case. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. There must be some legal guarantee that a CI's info is good. 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. "It was so horrible. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Guadalupe Juarez/AFP/Getty Images "I believe in some kind of justice, and I think I was doing something good," he said. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Ashok Dhamija Here in Mexico, there is no justice, only impunity. Therefore, they wont be able to provide any information. in the former, a crime is reported to the police and an investigation is initiated; in the latter . From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. The police can use information gained from the CI about you that the Government can use when prosecuting your case. But she did. Understanding an informants motives for providing information is fundamental to managing them effectively. 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." 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. startxref By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. There are two opportunities to find out the identity of a confidential informant: before and during trial. about FindLaws newsletters, including our terms of use and privacy policy. I couldn't believe it," says the DEA's Sandalio Gonzalez. This is a common issue people face when working as CIs. 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. Yes, a felon can be an informant. So where are we going to find any help if we can't trust the U.S.? He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. So how can a court find a CI's testimony to be credible? Distinguished: An excellent rating for a lawyer with some experience. 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. 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. It is important for law enforcement to protect the credibility of the informant as much as possible. What evidence is needed to make a drug bust? Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. 0000000966 00000 n 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). A .gov website belongs to an official government organization in the United States. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. We contacted our attorney in the state where we live and he recommended Matt to us. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. Once the case was done, ICE was also done with Lalo. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. In my mind, he was given a license to kill. "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.' 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Mathew did an amazing job in court. All rights reserved. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. A. The required areas are criminal justice, law enforcement, police science, etc. Once I reached out to Matt he was back in touch within the hour. And Lalo was with them. 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. AV Preeminent: The highest peer rating standard. The problem is that there is no one to police the police. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. Fabricating a confidential informant can lead to dire consequences. I would recommend Justin without reservation to anyone seeking representation. ICE says the fault lies with former agent Bencomo, Lalo's handler. there are basically two types of police investigation, reactive and proactive. However, you need a tireless defense team fighting on your behalf. Learn more "We stayed there all night and watched as they pulled out bodies," Magana says. The best way to beat the system and stay out of prison is don't break the law. 3. "I was shocked. Terms of Service apply. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. The agency began deportation proceedings with the intention of sending him back to Mexico. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. Possibly, yes. 0000032339 00000 n Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 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. 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. Police and prosecutors generally want to keep the identity of their CI a secret. 0000001094 00000 n If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The true identity of a confidential informant should be strictly limited to an identified number of people. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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. Being a CI is a very dangerous, risky endeavor. You impeach them on the stand, which discredits the evidence, information, and testimony they give. An exchange for leniency in the charges against the informant generally occurs in these situations. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The police have the upper hand on CIs. NPR went there with veteran Juarez crime reporter Carlos Huerta. Some informants have personalities that make them difficult to manage. 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. 0000001273 00000 n Understanding motive and motivation. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople.
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