The feds paid Lalo well: nearly $250,000 over four years. His handlers did well, too. It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. 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. 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. Visit https://www.gustitislaw.com for more information about inform. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. In this hour of need and when this medical pro Mat was such a relief to our family! "I really was doing something good," he said. xb```Il@r/ 0! code or county). 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. The CI is searched before and after the deal by the police. 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. Fabricating a confidential informant can lead to dire consequences. 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. However, the above measures are extra insurance for the police, they are not required. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. In any case, the outcome will most likely benefit you as the defendant. Copyright 2023 MH Sub I, LLC dba Internet Brands. The CI must provide 100% honest information. 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. You impeach them on the stand, which discredits the evidence, information, and testimony they give. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. To the U.S. government, he was officially informant No. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 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. 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. The CI may be required to testify in a trial of the person they are snitching on. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. But Bencomo stayed on, and so did Lalo. 0000001889 00000 n Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. But as that investigation started, ICE's prized snitch came under suspicion. Yes, a felon can be an informant. He also tried to get Congress to investigate, but that went nowhere. A .gov website belongs to an official government organization in the United States. However, this does not have to be the case. In the end the police are working for the government and you are left holding the bag. Call 954-845-0505 today. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" A Bureau of Justice Assistance Monograph. ) or https:// means youve safely connected to the .gov website. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. "What is wrong with this picture?". 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. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Saying they have a CI may be a cover for ill-gotten evidence and information. Matt was available throughout the process for consultations with both my son and his parents. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. It is not like the old school movies where you can see a wire taped under someones shirt. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. Some informants have personalities that make them difficult to manage. All rights reserved. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Possess or use a dangerous drug. 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. But he had his reasons for informing on the drug gang. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 913, though most called him by the nickname Lalo. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. This website is for general informational purposes only. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. The use of informants by police is essentially unregulated by the courts. The Drug Enforcement Administration blacklisted him. There may be cameras in the location that the deal takes place. abstract. No, the identity of informants are not public record. Bencomo says the agents were told that Santillan was the No. 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. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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. Here in Mexico, there is no justice, only impunity. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. 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. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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. Your access of/to and use 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. It's also the least painful and expensive. What evidence is needed to make a drug bust? This is the point in time some potential clients reach out to a criminal defense lawyer for advice. You will not be able to notice the marks. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. Matthew and his team made calls and were very persistent. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. A. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. Can a felon be a confidential informant? But it wasn't just the people of Juarez who were outraged. Criminal defense attorneys have a host of tools to do this. Eventually, a dozen bodies were unearthed at the site. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. But in Lalo's case, he says, rogue agents didn't properly follow them. 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. Those are . Martindale-Hubbell validates that a reviewer is a person with a valid email address. Guadalupe Juarez/AFP/Getty Images 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 0000001712 00000 n Do not wait to start working on your defense. The memo stated that those rules would be part of a new policy handbook. There are legal defenses available to you. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Courtesy Texas DMV, U.S. D.O.J. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. A lock ( A person shall not knowingly: 1. "So where are we going to find any help if we can't trust the U.S.?". Timeline: An ICE Informant Run Amok Or Mishandled? The CI knows he/she is working as a snitch, but you do not. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 0000017403 00000 n 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. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Being a CI is a very dangerous, risky endeavor. 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. For a quick fix solution Wikipedia provides a list of potential motivations. However, this does not have to be the case. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. "We stayed there all night and watched as they pulled out bodies," Magana says. "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.' %PDF-1.3 % These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. 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. Mathew did an amazing job in court. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. The more specific and detailed, the more likely a court is to accept a CI's information. "That was the first incident that I ever came across that he was working both sides," Bencomo says. 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. These guys are El Paso's version of the Keystone Kops," Loya says. AV Preeminent: The highest peer rating standard. Demonstrate any past instances of false or invalidated evidence or information they have provided. The information provided on this site is not legal This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. Distinguished: An excellent rating for a lawyer with some experience. startxref The agency began deportation proceedings with the intention of sending him back to Mexico. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 0000032339 00000 n You deserve the same chance at having an excellent legal defense. Lalo said his actions were necessary to maintain his cover. It depends. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. It has been dubbed the House of Death. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Copyright 2023 Weinstein Legal. You order drugs from the CI. Penalties for Drug Possession Charges as a Minor. <<59BC4FB09E3701468D15B956FB86861C>]>> For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Stay up-to-date with how the law affects your life. A still from a video in which Lalo talks about his case. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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? Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. You must have an associate's degree and a bachelor's degree in the relevant areas. 0 A common myth that is absolutely not true is that confidential informants do not testify in trials. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. The government does not have the resources or time to do this. Contact Susan Williams today for a free consultation. There must be some legal guarantee that a CI's info is good. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Contributing to the Delinquency of a Minor. 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. hide caption. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures.

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