The content of the responses is entirely from reviewers. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Active listening for police - a skill for conflict avoidance. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. The guidelines can be used to develop or revise written directives for using and managing informants. "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?" The CI will likely be paying with marked money. "In my mind, he was given a license to kill.". 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. He says Lalo was the keeper of the keys. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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. On the tape, Lalo looks more like a victim than a drug thug. Eventually, a dozen bodies were unearthed at the site. 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. It hit me like cold water in the face; it just feels terrible. Confidentiality is what makes the informant valuable. 129 0 obj <> endobj With every new body, the smell would hit us it was horrible. The state will do its best to not reveal the identity of the CI. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. Supplemental Terms. The killings in Juarez took place more than six years ago. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. Understanding motive and motivation. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. startxref 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. So how can a court find a CI's testimony to be credible? Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. In the end the police are working for the government and you are left holding the bag. 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. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. He says that the agency's guidelines for using confidential informants are sound. How Much Jail Time for Felony Grand Theft? %%EOF 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. 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. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. We will review the facts surrounding your unique case and provide you with honest answers. To the U.S. government, he was officially informant No. 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. 0000000576 00000 n confidential relationship is or should be formed by use of the site. But he had his reasons for informing on the drug gang. The required areas are criminal justice, law enforcement, police science, etc. 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.". 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). Bencomo says the agents were told that Santillan was the No. But it wasn't just the people of Juarez who were outraged. However, the above measures are extra insurance for the police, they are not required. 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 also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. 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. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. advice, does not constitute a lawyer referral service, and no attorney-client or 913, though most called him by the nickname Lalo. Possess or use a dangerous drug. An official website of the United States government, Department of Justice. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Drug smuggling turned out to be the least of Lalo's exploits. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. If you agree to work with the FBI, you will be . Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. A few other articles found on the internet will give an expanded version of that list. abstract. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. A simple he-said-she-said backed up with no observations won't be worth much in court. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. This video explains the risks and benefits of working as a police confidential informant. You cant enforce these agreements or conversations. An exchange for leniency in the charges against the informant generally occurs in these situations. This field is for validation purposes and should be left unchanged. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. There should be an audit trail detail who has seen the true identity and when they saw it. Both federal and state law enforcement officers use confidential informants. 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. These guys are El Paso's version of the Keystone Kops," Loya says. listings on the site are paid attorney advertisements. 0000018883 00000 n The government does not have the resources or time to do this. 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. Schedule a free consultation today. You may feel trapped by serving as a Government informant. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. A lock ( The police can use information gained from the CI about you that the Government can use when prosecuting your case. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. I am not saying my child didnt have a breakdown. Bencomo says Lalo was different from other informants. Throughout, he maintained consistent communication each step of the way until my case was resolved. We called after our son was arrested for a crime he committed nearly 9 months earlier. 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? 0000001540 00000 n Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Login. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. Head of the criminal defense division and fellow partner Matt Shafran is an experienced criminal defense attorney in Florida who is ready and willing to fight aggressively in a court of law to defend your rights. Fabricating a confidential informant can lead to dire consequences. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Even with the promise of payment, the decision to become a CI is very dangerous. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Lalo wasn't looking to make a deal. "I believe in some kind of justice, and I think I was doing something good," he said. Contact us. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. The CI may be charged with a serious drug (or other) criminal offense. "It hit me like cold water in the face; it just feels terrible. Put crudely . Yes, a felon can be an informant. Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. But in Lalo's case, he says, rogue agents didn't properly follow them. [It is only available to law enforcement.]. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Anyone considering being a CI should first talk to a criminal defense attorney. You may not see or notice the police. It is possible to beat drug trafficking charges. My reservations were quickly eased during my initial consultation. This is a common issue people face when working as CIs. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. hide caption. The information may prove to relate to exculpatory evidence. 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. He is the best !! In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Once I reached out to Matt he was back in touch within the hour. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 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. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. It all depends on the facts of your case. There are several ways to become an FBI informant. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. Informants. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. hide caption. How Can Mitigation Help Get Me The Lowest Possible Sentence? 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). 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. 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. However, this does not have to be the case. No, the identity of informants are not public record. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. 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, Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 0000032339 00000 n "It was so horrible. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Matthew and his team made calls and were very persistent. he says. 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. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. This site is protected by Courtesy Raul Loya 0000017958 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. 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. 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. 0000000884 00000 n Absolutely. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". Martindale-Hubbell validates that a reviewer is a person with a valid email address. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. There are two opportunities to find out the identity of a confidential informant: before and during trial. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. But during our interview, ICE said that handbook still isn't finished. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Human motives and motivation is a complex subject with many competing theories. The feds paid Lalo well: nearly $250,000 over four years. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. It just made me sick. Sign up. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 6. and Raul Loya The problem is that there is no one to police the police. 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. Understanding an informants motives for providing information is fundamental to managing them effectively. The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. In this hour of need and when this medical pro Mat was such a relief to our family! 0000001889 00000 n There may be other reasons why the identity of the CI will be revealed. 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. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. But she did. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. %PDF-1.3 % Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. This may result in longer prison sentences and larger fines associated with a conviction. He's clean-cut and clearly educated. "I don't know if they are going to keep me here for the rest of my life," he said. "We stayed there all night and watched as they pulled out bodies," Magana says. It's also the least painful and expensive. He also tried to get Congress to investigate, but that went nowhere. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. There is no obligation from the Government to protect you the rest of your life because you served as a CI. I had to go to the restroom and throw up. 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. "He would say, 'We're going to have a barbecue.' 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. How Do You Beat a Drug Trafficking Charge in Florida? . Demonstrate any past instances of false or invalidated evidence or information they have provided. 5 Factors Courts Will Consider. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. Contributing to the Delinquency of a Minor. 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. Among the victims were two U.S. residents. The CI may be working several buy busts before the CIs work is finished with the police. "That was the first incident that I ever came across that he was working both sides," Bencomo says.
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