This is something that can be used to impeach him when he testifies. 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. What evidence is needed to make a drug bust? "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. However, this does not have to be the case. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. And the CI must answer the question truthfully or else possibly face sanctions in court. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. ZIP Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. You may feel you are being watched. 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. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. 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. Timeline: An ICE Informant Run Amok Or Mishandled? 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. Active listening for police - a skill for conflict avoidance. "Are you kidding me? 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. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Your access of/to and use His handlers did well, too. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. The memo stated that those rules would be part of a new policy handbook. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Our consultant Dr John Buckley will be. LockA locked padlock It can also be risky for the prosecution if they must give the CIs identity to the defense later. It just made me sick. 0000000576 00000 n What are the different Martindale-Hubbell Peer Review Ratings?*. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 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 . Copyright 2022, Thomson Reuters. The CI is searched before and after the deal by the police. The high court held that reliance on informant testimony implicates . The guidelines can be used to develop or revise written directives for using and managing informants. You may not see or notice the police. 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. ICE says the fault lies with former agent Bencomo, Lalo's handler. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. "I don't know if they are going to keep me here for the rest of my life," he said. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. 913, though most called him by the nickname Lalo. The CI may be working several buy busts before the CIs work is finished with the police. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. You may feel trapped by serving as a Government informant. This is very wrong and a misconception. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Lalo wasn't looking to make a deal. 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. I am not saying my child didnt have a breakdown. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. . %PDF-1.3 % If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Criminal Defense Attorney in Philadelphia. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. "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.". Law enforcement may keep threatening jail or charges unless you work one more deal for them. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Highlight information that would indicate their dishonesty or bias. Once the government uses you as a CI, they can be done with you. 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. listings on the site are paid attorney advertisements. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. there are basically two types of police investigation, reactive and proactive. Courtesy Raul Loya 0000001273 00000 n When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. ICE says it learned some lessons dealing with Lalo. and Raul Loya Confidential informants people who pose. There must be some legal guarantee that a CI's info is good. In all, there were 12 victims. Saying they have a CI may be a cover for ill-gotten evidence and information. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. How Can Mitigation Help Get Me The Lowest Possible Sentence? For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Is a Confidential Informant Truthful? Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). The best way to beat the system and stay out of prison is don't break the law. 3. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 129 0 obj <> endobj 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. But in Lalo's case, he says, rogue agents didn't properly follow them. Ashok Dhamija Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Thus, a court needs some basis for a CI's allegations. Sign up. 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. Visit https://www.gustitislaw.com for more information about inform. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. But she did. It is not like the old school movies where you can see a wire taped under someones shirt. Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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. This is the first time that Bencomo has talked publicly. The majority of informants are those working off their own cases. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Secondly, know all the versions of the s. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. A common myth that is absolutely not true is that confidential informants do not testify in trials. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Then, at trial, the Government calls the . The CI will contact you or maybe you contact the CI. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. "I believe in some kind of justice, and I think I was doing something good," he said. "In my mind, he was given a license to kill.". Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. How Do You Beat a Drug Trafficking Charge in Florida? 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". 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, The state will do its best to not reveal the identity of the CI. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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. A still from a video in which Lalo talks about his case. Informants. Call 954-845-0505 today. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Both federal and state law enforcement officers use confidential informants. Courtesy Texas DMV, U.S. D.O.J. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. trailer 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. To the U.S. government, he was officially informant No. "And you have to act like a criminal.". "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". The Client Review Rating score is determined through the aggregation of validated responses. Are Confidential Informants Credible? Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. Among the victims were two U.S. residents. There are legal defenses available to you. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Confidentiality is what makes the informant valuable. I took the recording and I told my supervisor that I didn't wish to be part of the case. For now, he said, jail is better than the fate he faces in Mexico. The amount of a drug for which trafficking charges are applicable varies depending on the substance. "What is wrong with this picture?". It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. You order drugs from the CI. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. The police have the upper hand on CIs. 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. Demonstrate any past instances of false or invalidated evidence or information they have provided. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. You can receive an entirely free case evaluation with absolutely no obligation. hide caption. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. 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. The true identity of a confidential informant should be strictly limited to an identified number of people. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. You deserve the same chance at having an excellent legal defense. The pros and cons of being a confidential informant. [It is only available to law enforcement.]. 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. "I really was doing something good," he said. Stay up-to-date with how the law affects your life. Can a felon be a confidential informant? 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. 3 man in the Juarez cartel. Penalties for Drug Possession Charges as a Minor. "So where are we going to find any help if we can't trust the U.S.?". A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Criminal defense attorneys have a host of tools to do this. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Believe it or not it is legal for law enforcement to pay a government snitch! Fortunately we have done it for you. 2. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Answer (1 of 5): The first thing you need to do is know your enemy. Informants nationwide end up beaten, tortured and dead once they're found out. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. We found ourselves against all odds. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. 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. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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. 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. The government does not have the resources or time to do this. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. of this site is subject to additional 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. 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. 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. There are two opportunities to find out the identity of a confidential informant: before and during trial. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. He also helped crack a major international cigarette smuggling ring. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. 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. If youre worried about how to beat a confidential informant, let the, represent you. 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. What Are the Different Types of Injunctions in Florida? Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Bencomo says Lalo was different from other informants. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). A few other articles found on the internet will give an expanded version of that list. All rights reserved.|Disclaimer|Privacy policy. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The agency began deportation proceedings with the intention of sending him back to Mexico. xref ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Here in Mexico, there is no justice, only impunity. 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. The problem is that there is no one to police the police. "He would say, 'We're going to have a barbecue.' he really cares and goes beyond 100% to help his clients. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. That's all I'm doing right now.". NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. How Much Jail Time for Felony Grand Theft? It all depends on the facts of your case. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. The CI may be wearing a wire or recording device. Police and prosecutors generally want to keep the identity of their CI a secret. wansbeck hospital parking map,