"I believe in some kind of justice, and I think I was doing something good," he said. The CI is assigned a CI number and agrees to provide information about your case to the police. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Confidentiality is what makes the informant valuable. 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. Law enforcement may keep threatening jail or charges unless you work one more deal for them. hide caption. 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. 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. The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. 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. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. So how can a court find a CI's testimony to be credible? "Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder," he says. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. The CI will likely be paying with marked money. A .gov website belongs to an official government organization in the United States. 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. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. In all, there were 12 victims. "What is wrong with this picture?". Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. But as that investigation started, ICE's prized snitch came under suspicion. A still from a video in which Lalo talks about his case. His handlers did well, too. 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. An official website of the United States government, Department of Justice. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. [It is only available to law enforcement.]. Yes, in some circumstances the police will pay a person to be a CI. All rights reserved.|Disclaimer|Privacy policy. Contact us. "I was shocked. The memo stated that those rules would be part of a new policy handbook. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. listings on the site are paid attorney advertisements. However, an informant whos been burnt obviously wont be trusted in their typical circles. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. Becoming an Informant | Office of Justice Programs He also tried to get Congress to investigate, but that went nowhere. "It was so horrible. He explained to my husband and I what my son was facing. The state will do its best to not reveal the identity of the CI. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. The CI is searched before and after the deal by the police. Is a Confidential Informant Truthful? Confidential Informants > JAG Reporter > Article View Post Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. How Can Mitigation Help Get Me The Lowest Possible Sentence? Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. But this is nearly non-existent in state cases and rare, at best, in federal cases. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. You may not see or notice the police. The feds paid Lalo well: nearly $250,000 over four years. To the U.S. government, he was officially informant No. 0000001712 00000 n Drug smuggling turned out to be the least of Lalo's exploits. However, this does not have to be the case. He is the best !! 28 How To Beat A Confidential Informant 02/2023 - KTHN 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. 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. 3. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Kansas bill would give context about jailhouse informants | The Kansas Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Lalo's information was on the mark. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. Our consultant Dr John Buckley will be. But Bencomo stayed on, and so did Lalo. On the tape, Lalo looks more like a victim than a drug thug. 913, though most called him by the nickname Lalo. ) or https:// means youve safely connected to the .gov website. This is the first time that Bencomo has talked publicly. But in Lalo's case, he says, rogue agents didn't properly follow them. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. In any case, the outcome will most likely benefit you as the defendant. 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Confidential Informants can never be 100% protected by the Government or anyone else. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Meeting with a lawyer can help you understand your options and how to best protect your rights. Fortunately we have done it for you. he says. So where are we going to find any help if we can't trust the U.S.? The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Courtesy Raul Loya 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. advice, does not constitute a lawyer referral service, and no attorney-client or Every day that passes is another day that the prosecutors office is working to secure your guilt. 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. This video explains the risks and benefits of working as a police confidential informant. The true identity of a confidential informant should be strictly limited to an identified number of people. Some informants have personalities that make them difficult to manage. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. The police have the upper hand on CIs. I took the recording and I told my supervisor that I didn't wish to be part of the case.". To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 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. The crux revolves around the confidential part of the confidential informant. Opinion | Want to make a million? Become a DEA informant. Put crudely . I took the recording and I told my supervisor that I didn't wish to be part of the case. 2. Confidential Informants - Law Office of Perry A. Craft PLLC Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. It just made me sick. My reservations were quickly eased during my initial consultation. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Police and prosecutors generally want to keep the identity of their CI a secret. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 5. 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. hide caption. Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder. 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. 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. 0000000576 00000 n My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. What Is the Difference between Kidnapping and False Imprisonment. The agency began deportation proceedings with the intention of sending him back to Mexico. Do not wait to start working on your defense. How to Become an FBI Informant | Legal Beagle 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). 5 Factors Courts Will Consider. What are the different Martindale-Hubbell Peer Review Ratings?*. A common myth that is absolutely not true is that confidential informants do not testify in trials. The government does not have the resources or time to do this. 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. 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. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. <<59BC4FB09E3701468D15B956FB86861C>]>> It hit me like cold water in the face; it just feels terrible. 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. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. Highlight information that would indicate their dishonesty or bias. code or county). . Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. It is important for law enforcement to protect the credibility of the informant as much as possible. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. 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. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. The Drug Enforcement Administration blacklisted him. Demonstrate any past instances of false or invalidated evidence or information they have provided. Call 954-845-0505 today. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. Details for individual reviews received before 2009 are not displayed. The government could decide to charge someone who does that with obstruction of justice, among other things. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. There may be cameras in the location that the deal takes place. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 0000000884 00000 n 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.
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