We came back night after night to see how many they dug up.". LockA locked padlock Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Guadalupe Juarez/AFP/Getty Images 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. But during our interview, ICE said that handbook still isn't finished. A lock ( %%EOF There may be other reasons why the identity of the CI will be revealed. But in Lalo's case, he says, rogue agents didn't properly follow them. But she did. The guidelines can be used to develop or revise written directives for using and managing informants. The information provided on this site is not legal Eventually, a dozen bodies were unearthed at the site. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 0000000576 00000 n 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. Police and prosecutors generally want to keep the identity of their CI a secret. A simple he-said-she-said backed up with no observations won't be worth much in court. Yes, a felon can be an informant. 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. 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 government does not have the resources or time to do this. 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. 129 14 A still from a video in which Lalo talks about his case. There are legal defenses available to you. 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. "He would say, 'We're going to have a barbecue.' Courtesy Texas DMV, U.S. D.O.J. This important decision can affect you the rest of your life and possibly even your loved ones or friends. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "It just made me sick," he says. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Read More >>. The police have the upper hand on CIs. Lalo has been in solitary confinement for more than five years. Distinguished: An excellent rating for a lawyer with some experience. hide caption. code or county). But this is nearly non-existent in state cases and rare, at best, in federal cases. 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. It's also the least painful and expensive. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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 . 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Lalo wasn't looking to make a deal. 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. 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. Ashok Dhamija In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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 monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. And he didn't need the money he was already making plenty in Juarez's drug trade. You can receive an entirely free case evaluation with absolutely no obligation. Law enforcement will often corroborate a CI's information with consistent observations by officers. If youre worried about how to beat a confidential informant, let the, represent you. Every day that passes is another day that the prosecutors office is working to secure your guilt. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. He says Lalo was the keeper of the keys. This video explains the risks and benefits of working as a police confidential informant. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. You order drugs from the CI. 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. and Raul Loya 0000000016 00000 n Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. The use of informants by police is essentially unregulated by the courts. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. "I really was doing something good," he said. Courtesy Raul Loya I would recommend Justin without reservation to anyone seeking representation. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. %PDF-1.3 % Guadalupe Juarez/AFP/Getty Images 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. 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). If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 0000017403 00000 n 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 5 Factors Courts Will Consider. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 913, though most called him by the nickname Lalo. The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). It is not like the old school movies where you can see a wire taped under someones shirt. The Client Review Rating score is determined through the aggregation of validated responses. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Fortunately we have done it for you. 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. 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. 6. If you agree to work with the FBI, you will be . Criminal Defense Attorney in Philadelphia. For a free legal consultation, call 215.515.3360. The CI may be required to testify in a trial of the person they are snitching on. 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. You may not see or notice the police. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Contributing to the Delinquency of a Minor. You cant enforce these agreements or conversations. This is the first time that Bencomo has talked publicly. 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. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. Both federal and state law enforcement officers use confidential informants. Copyright 2022, Thomson Reuters. The CI will contact you or maybe you contact the CI. The state will do its best to not reveal the identity of the CI. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Thus, a court needs some basis for a CI's allegations. In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. "It was so horrible. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. trailer A .gov website belongs to an official government organization in the United States. Do not allow any of these things to happen to you. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 129 0 obj <> endobj 0000001712 00000 n Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. The CI is searched before and after the deal by the police. I couldn't believe it," says the DEA's Sandalio Gonzalez. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. ZIP This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Is a Confidential Informant Truthful? Can a REDDI Report Be the Legal Basis for a Traffic Stop? xref 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. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. See are article relating to Missouri's witness protection program and the lack of uptake. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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 . In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. And the devices are constantly evolving and improving. 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. 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. The CI knows he/she is working as a snitch, but you do not. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. You will not be able to notice the marks. Former agent Bencomo remembers listening to the tape. 0000001094 00000 n Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. The 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. It is possible to beat drug trafficking charges. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. <<59BC4FB09E3701468D15B956FB86861C>]>> Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. He also tried to get Congress to investigate, but that went nowhere. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 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. 913, though most called him by the nickname Lalo. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. 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. 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. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Throughout, he maintained consistent communication each step of the way until my case was resolved. Mathew is really eloquent and smart. Visit https://www.gustitislaw.com for more information about inform. Here in Mexico, there is no justice, only impunity," Magana says. Meeting with a lawyer can help you understand your options and how to best protect your rights. Confidential informants arent the same as anonymous sources or tipsters. A. [It is only available to law enforcement.]. All rights reserved.|Disclaimer|Privacy policy. Therefore, they wont be able to provide any information. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. How Can Mitigation Help Get Me The Lowest Possible Sentence? 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. But Bencomo stayed on, and so did Lalo. This story was produced for broadcast by Marisa Penaloza. 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. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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. If you need help defending yourself from these cases, our criminal defense firm can help. This may result in longer prison sentences and larger fines associated with a conviction. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. This decision can affect you and others for the rest of your life. Once the case was done, ICE was also done with Lalo. "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.' He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Put crudely . "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. Learn more "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Even with the promise of payment, the decision to become a CI is very dangerous. 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. Informants nationwide end up beaten, tortured and dead once they're found out. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. 0 It can also be risky for the prosecution if they must give the CIs identity to the defense later. xb```Il@r/ 0! This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Share sensitive information only on official, secure websites. Here in Mexico, there is no justice, only impunity. A person shall not knowingly: 1. Terms of Service apply. You must have an associate's degree and a bachelor's degree in the relevant areas.