With every new body, the smell would hit us it was horrible. The Drug Enforcement Administration blacklisted him. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. The CI knows he/she is working as a snitch, but you do not. In general, the Government goes to great lengths to not reveal the identity of snitches. Read More >>. Share sensitive information only on official, secure websites. This is a common issue people face when working as CIs. 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. Some informants have personalities that make them difficult to manage. What Is a Confidential Informant? - Randall & Stump, Criminal Defense The majority of informants are those working off their own cases. Contact us. Learning the Identity of a Confidential Informant - Nolo Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. An attorney may help you weigh your options. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. I would recommend Justin without reservation to anyone seeking representation. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. Possess a dangerous drug for sale. I couldn't believe it," says the DEA's Sandalio Gonzalez. Timeline: An ICE Informant Run Amok Or Mishandled? These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Answer (1 of 5): The first thing you need to do is know your enemy. LockA locked padlock **This website is meant to provide meaningful information, but does not create an attorney-client relationship. However, you need a tireless defense team fighting on your behalf. Confidential informants arent the same as anonymous sources or tipsters. Mathew did an amazing job in court. The CI will likely be paying with marked money. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). You deserve the same chance at having an excellent legal defense. Understanding an informants motives for providing information is fundamental to managing them effectively. Secure .gov websites use HTTPS These guys are El Paso's version of the Keystone Kops," Loya says. "And you have to act like a criminal.". An exchange for leniency in the charges against the informant generally occurs in these situations. 6. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. How to Become an FBI Informant | Legal Beagle Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. "I was shocked. All rights reserved. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Every day that passes is another day that the prosecutors office is working to secure your guilt. Official websites use .gov Protecting confidential informant identities -breaches risk lives State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. For a free legal consultation, call 215.515.3360. What Is the Difference between Kidnapping and False Imprisonment. Call 954-845-0505 today. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. His handlers did well, too. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. This site is protected by But this is nearly non-existent in state cases and rare, at best, in federal cases. This may result in longer prison sentences and larger fines associated with a conviction. It often comes to light that things may not be as they seem and this can greatly help your defense. Confidential Informants > JAG Reporter > Article View Post Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 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. His performance in court was outstanding and gave me a big victory. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. He is the best !! Guadalupe Juarez/AFP/Getty Images 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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 credible is the confidential informant? You may feel trapped by serving as a Government informant. You may feel you are being watched. "Are you kidding me? This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. The CI will contact you or maybe you contact the CI. Lalo wasn't looking to make a deal. Opinion | Want to make a million? Become a DEA informant. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. That's all I'm doing right now.". Even with the promise of payment, the decision to become a CI is very dangerous. Believe it or not it is legal for law enforcement to pay a government snitch! 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. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. But Bencomo stayed on, and so did Lalo. "That was the first incident that I ever came across that he was working both sides," Bencomo says. The reason for this is the police use the CI to gain probable cause for your arrest. The CI may be required to testify in a trial of the person they are snitching on. 129 14 How to Beat a Drug Trafficking Charge in Florida This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Ashok Dhamija No, the identity of informants are not public record. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet can you beat a controlled by Case by discrediting the - Avvo Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. The Case Of A Confidential Informant Gone Wrong : NPR 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. 0000000966 00000 n Yes, in some circumstances the police will pay a person to be a CI. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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). This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Anyone considering being a CI should first talk to a criminal defense attorney. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. Fabricating a confidential informant can lead to dire consequences. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. This important decision can affect you the rest of your life and possibly even your loved ones or friends. For now, he said, jail is better than the fate he faces in Mexico. 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. Matt was available throughout the process for consultations with both my son and his parents. 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 recording devices used have become very sophisticated and are virtually undetectable. The CI may do controlled buys. This means that the CI will have an agreement with the police. I took the recording and I told my supervisor that I didn't wish to be part of the case. "He would say, 'We're going to have a barbecue.' Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? Contact Susan Williams today for a free consultation. To the U.S. government, he was officially informant No. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Copyright 2023 MH Sub I, LLC dba Internet Brands. An official website of the United States government, Department of Justice. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. 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. of this site is subject to additional 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. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Yes, a felon can be an informant. Schedule a free consultation today. 0000032339 00000 n 0000017403 00000 n Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. This is very wrong and a misconception. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Details for individual reviews received before 2009 are not displayed. 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. Our consultant Dr John Buckley will be. Yes, a felon can be an informant. To the U.S. government, he was officially informant No. "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 will often corroborate a CI's information with consistent observations by officers. How Much Jail Time for Felony Grand Theft? hide caption. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Skip to content. For a quick fix solution Wikipedia provides a list of potential motivations. Put crudely . By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. Courtesy Raul Loya The most common way to become an FBI informant is to be approached by the FBI. There may be cameras in the location that the deal takes place. 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. 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. 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. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. What Are the Different Types of Injunctions in Florida? There must be some legal guarantee that a CI's info is good. This website is for general informational purposes only. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Sign up. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. As with most things in the legal world, knowing how to beat a CI depends on your case. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Drug Informants: Motives, Methods, and Management Beat a Confidential Information in Philadelphia | Cases with CI Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. Bencomo says Lalo was different from other informants. 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. We came back night after night to see how many they dug up.". The government could decide to charge someone who does that with obstruction of justice, among other things. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 0000000884 00000 n Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. No one. You will not be able to notice the marks. Confidentiality is what makes the informant valuable. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. xb```Il@r/ 0! 2. But it wasn't just the people of Juarez who were outraged. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. This decision can affect you and others for the rest of your life. Experts explain how confidential informants infect the - Inlander On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Guadalupe Juarez/AFP/Getty Images 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. Informants. You order drugs from the CI. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. Criminal Defense Attorney in Philadelphia. Visit our attorney directory to find a lawyer near you who can help. You may not see or notice the police. Terms of Service apply. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. reCAPTCHA and the Google Privacy Policy and Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. 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. Possess or use a dangerous drug. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Lalo has been in solitary confinement for more than five years. about FindLaws newsletters, including our terms of use and privacy policy. there are basically two types of police investigation, reactive and proactive. The police can use information gained from the CI about you that the Government can use when prosecuting your case. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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." Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. PDF Confidential Informants: Protecting Their Identity A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. But she did. Lalo's information was on the mark. There are two opportunities to find out the identity of a confidential informant: before and during trial. However, an informant whos been burnt obviously wont be trusted in their typical circles. Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. 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. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. 5 Factors Courts Will Consider. 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. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. Motives and Motivations of Confidential Informants This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 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. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 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. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. It is possible to beat drug trafficking charges. Call 954-845-0505 any time, day or night, to speak with a member of our team. All these only go to reinforce stereotypes. 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. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Possibly, yes. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. The content of the responses is entirely from reviewers. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Bencomo was the only one fired as a result of the Lalo fiasco. "I had to go to the restroom and throw up. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. The police have the upper hand on CIs. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. The CI may be wearing a wire or recording device.
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