Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. 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." These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. 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. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. How To Beat A Confidential Informant - Wakelet Law enforcement will often corroborate a CI's information with consistent observations by officers. Lawyers from our extensive network are ready to answer your question. But she did. The information provided on this site is not legal You must have an associate's degree and a bachelor's degree in the relevant areas. Both federal and state law enforcement officers use confidential informants. Fortunately we have done it for you. Official websites use .gov Beat a Confidential Information in Philadelphia | Cases with CI Law enforcement may keep threatening jail or charges unless you work one more deal for them. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. How to Become a Confidential Informant | Mental Itch Answer (1 of 5): The first thing you need to do is know your enemy. To the U.S. government, he was officially informant No. 0000001273 00000 n Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. You can receive an entirely free case evaluation with absolutely no obligation. You may feel trapped by serving as a Government informant. Visit https://www.gustitislaw.com for more information about inform. Once the case was done, ICE was also done with Lalo. 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. 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, In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. Copyright 2023 Weinstein Legal. There should be an audit trail detail who has seen the true identity and when they saw it. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. Exculpatory evidence is evidence that could clear the defendant of guilt. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. I am not saying my child didnt have a breakdown. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. You may not see or notice the police. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. With every new body, the smell would hit us it was horrible. 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. Mathew did an amazing job in court. of this site is subject to additional 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. This is the first time that Bencomo has talked publicly. An exchange for leniency in the charges against the informant generally occurs in these situations. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 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. [It is only available to law enforcement.]. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. The crux revolves around the confidential part of the confidential informant. Former agent Bencomo remembers listening to the tape. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Call 954-845-0505 today. Jeralyn Elise Merritt (Unclaimed Profile). In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Yes, in some circumstances the police will pay a person to be a CI. 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. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. On the tape, Lalo looks more like a victim than a drug thug. There is no obligation from the Government to protect you the rest of your life because you served as a CI. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Guadalupe Juarez/AFP/Getty Images 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. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 0000018883 00000 n There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. My reservations were quickly eased during my initial consultation. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Secondly, know all the versions of the s. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. All these only go to reinforce stereotypes. 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. But this is nearly non-existent in state cases and rare, at best, in federal cases. The police have the upper hand on CIs. I would recommend Justin without reservation to anyone seeking representation. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. "It was so horrible. "In my mind, he was given a license to kill.". Yes, a felon can be an informant. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. A .gov website belongs to an official government organization in the United States. The CI may do controlled buys. This means that the CI will have an agreement with the police. Lalo said his actions were necessary to maintain his cover. How Can Mitigation Help Get Me The Lowest Possible Sentence? If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Typically, the process requires that the confidential informant be thoroughly searched before going into the controlled buy to ensure they are not already in possession of any drugs. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Drug Use and The Use of a Confidential Informant | Ketcham Law 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. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. In any case, the outcome will most likely benefit you as the defendant. 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. "And you have to act like a criminal.". You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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). The fact that the confidential informant is often a convicted felon, their credibility is already at issue. A common myth that is absolutely not true is that confidential informants do not testify in trials. Understanding motive and motivation. PDF Confidential Informants: Protecting Their Identity If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. In this hour of need and when this medical pro Mat was such a relief to our family! It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. How To Find Out If Someone Is A Police Informant . Call 954-845-0505 any time, day or night, to speak with a member of our team. The police can use information gained from the CI about you that the Government can use when prosecuting your case. 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. there are basically two types of police investigation, reactive and proactive. We called after our son was arrested for a crime he committed nearly 9 months earlier. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. The CI may be wearing a wire or recording device. "There were these code words that the bosses would say to Lalo," Huerta says. We will review the facts surrounding your unique case and provide you with honest answers. 0000001712 00000 n 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. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 0000017958 00000 n 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. Guadalupe Juarez/AFP/Getty Images (The capacity for telling lies is called "mendacity," in case you were wondering.) A still from a video in which Lalo talks about his case. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Stay up-to-date with how the law affects your life. Sign up. 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. You will not be able to notice the marks. His sincerity, empathy and commitment to advocating on my behalf were apparent. The Use of 'Confidential Informants' Can Lead to Unnecessary and These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. But it wasn't just the people of Juarez who were outraged. Schedule a free consultation today. 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 . Bencomo was the only one fired as a result of the Lalo fiasco. . The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. ZIP Kansas bill would give context about jailhouse informants | The Kansas "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". And the CI must answer the question truthfully or else possibly face sanctions in court. The killings in Juarez took place more than six years ago. You impeach them on the stand, which discredits the evidence, information, and testimony they give. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. Learn more 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. 913, though most called him 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. trailer Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. In all, there were 12 victims. The CI may be required to testify in a trial of the person they are snitching on. The CI must provide 100% honest information. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. "We stayed there all night and watched as they pulled out bodies," Magana says. Should You Work as a Police Confidential Informant? Defense - YouTube Informants. What evidence is needed to make a drug bust? He is the best !! 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Saying they have a CI may be a cover for ill-gotten evidence and information. hide caption. Highlight information that would indicate their dishonesty or bias. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. But as that investigation started, ICE's prized snitch came under suspicion. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. It often comes to light that things may not be as they seem and this can greatly help your defense. It just made me sick. The purpose of the ruling is to establish an informant . 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. Contributing to the Delinquency of a Minor. 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. 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. 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. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. Confidentiality is what makes the informant valuable. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Courtesy Texas DMV, U.S. D.O.J. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs Human motives and motivation is a complex subject with many competing theories. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 5 Factors Courts Will Consider. Your access of/to and use How credible is the confidential informant? Those are . He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 0000001540 00000 n The identity of the CI can be necessary to a Defendants defense in their criminal case. The monograph is organized around the confidential informant's employment . The pros and cons of being a confidential informant. 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. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. 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. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. But Bencomo stayed on, and so did Lalo. xb```Il@r/ 0! 913, though most called him by the nickname Lalo. 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. 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. advice, does not constitute a lawyer referral service, and no attorney-client or 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. Confidential Informants can never be 100% protected by the Government or anyone else. There are two opportunities to find out the identity of a confidential informant: before and during trial. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Meeting with a lawyer can help you understand your options and how to best protect your rights. Lalo has been in solitary confinement for more than five years. The information may prove to relate to exculpatory evidence. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. The CI is assigned a CI number and agrees to provide information about your case to the police. 0000001094 00000 n Understanding an informants motives for providing information is fundamental to managing them effectively. A responsive, knowledgeable and skilled attorney. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. 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. "That was the first incident that I ever came across that he was working both sides," Bencomo says. AV Preeminent: The highest peer rating standard. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. We contacted our attorney in the state where we live and he recommended Matt to us. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help.
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