Secondly, know all the versions of the s. 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. For a free legal consultation, call 215.515.3360. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. This website is for general informational purposes only. 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. 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. Former agent Bencomo remembers listening to the tape. 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. 3 man in the Juarez cartel. But that is the sobering truth of being a CI. "What is wrong with this picture?". He says that the agency's guidelines for using confidential informants are sound. Mathew did an amazing job in court. 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. 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. 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 CI must provide 100% honest information. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 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. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. "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.". 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". These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. "It hit me like cold water in the face; it just feels terrible. 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. 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). Police and prosecutors generally want to keep the identity of their CI a secret. Lalo has been in solitary confinement for more than five years. However, an informant whos been burnt obviously wont be trusted in their typical circles. We will review the facts surrounding your unique case and provide you with honest answers. How credible is the confidential informant? In this hour of need and when this medical pro Mat was such a relief to our family! Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. A common myth that is absolutely not true is that confidential informants do not testify in trials. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . . You may feel you are being watched. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. 913, though most called him by the nickname Lalo. The guidelines can be used to develop or revise written directives for using and managing informants. The government could decide to charge someone who does that with obstruction of justice, among other things. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Here in Mexico, there is no justice, only impunity," Magana says. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Some people have heard of the witness protection program in movies or TV shows. 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. If you agree to work with the FBI, you will be . ZIP The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Why did the chicken cross the road ? "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. Absolutely. Jeralyn Elise Merritt (Unclaimed Profile). 0000001889 00000 n All these only go to reinforce stereotypes. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. These guys are El Paso's version of the Keystone Kops," Loya says. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. What Is the Difference between Kidnapping and False Imprisonment. But as that investigation started, ICE's prized snitch came under suspicion. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. The CI is searched before and after the deal by the police. I am not saying my child didnt have a breakdown. 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. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. (The capacity for telling lies is called "mendacity," in case you were wondering.) How Can Mitigation Help Get Me The Lowest Possible Sentence? 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. Confidential Informants can never be 100% protected by the Government or anyone else. Thank you Mathew!! The best way to beat the system and stay out of prison is don't break the law. 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. 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. You deserve the same chance at having an excellent legal defense. Understanding an informants motives for providing information is fundamental to managing them effectively. Every day that passes is another day that the prosecutors office is working to secure your guilt. There is no obligation from the Government to protect you the rest of your life because you served as a CI. reCAPTCHA and the Google Privacy Policy and You cant enforce these agreements or conversations. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. But he had his reasons for informing on the drug gang. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Highlight information that would indicate their dishonesty or bias. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. "We stayed there all night and watched as they pulled out bodies," Magana says. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. of this site is subject to additional The CI will contact you or maybe you contact the CI. 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. Lalo said his actions were necessary to maintain his cover. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Is a Confidential Informant Truthful? And Lalo was with them. Courtesy Texas DMV, U.S. D.O.J. Identities should be stored in a system with the highest level of security and with Role Based Access Control. For a quick fix solution Wikipedia provides a list of potential motivations. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. "He would say, 'We're going to have a barbecue.' The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Copyright 2022, Thomson Reuters. The killings in Juarez took place more than six years ago. 1 ANSWER. We contacted our attorney in the state where we live and he recommended Matt to us. 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. We came back night after night to see how many they dug up.". At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. The most common way to become an FBI informant is to be approached by the FBI. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. This is very wrong and a misconception. 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. The identity of the CI can be necessary to a Defendants defense in their criminal case. Guadalupe Juarez/AFP/Getty Images Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. 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. Once I reached out to Matt he was back in touch within the hour. It often comes to light that things may not be as they seem and this can greatly help your defense. and Raul Loya Confidential informants people who pose. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. 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. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. Our consultant Dr John Buckley will be. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Eventually, a dozen bodies were unearthed at the site. "I was shocked. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. 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. In any case, the outcome will most likely benefit you as the defendant. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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 CI will likely be paying with marked money. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. The guidelines can be used to develop or revise written directives for using and managing informants. 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. There may be cameras in the location that the deal takes place. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. What evidence is needed to make a drug bust? Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 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. This site is protected by For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Official websites use .gov He says Lalo was the keeper of the keys. This monograph provides guidelines for law enforcement agencies to use in the management of confidential 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. Details for individual reviews received before 2009 are not displayed. 0000032339 00000 n Fortunately we have done it for you. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. Yes, a felon can be an informant. The agency began deportation proceedings with the intention of sending him back to Mexico. Bencomo says Lalo was different from other informants. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Law enforcement will often corroborate a CI's information with consistent observations by officers. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. An official website of the United States government, Department of Justice. 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 . As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. If youre worried about how to beat a confidential informant, let the, represent you. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. For now, he said, jail is better than the fate he faces in Mexico. Login. It just made me sick. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. Courtesy Texas DMV, U.S. D.O.J. Contributing to the Delinquency of a Minor. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. "I don't know if they are going to keep me here for the rest of my life," he said. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail.
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