Kennestone Hospital Emergency Room Wait Time, Covid Test Certificate For International Travel, Semi Truck Accident Kansas City Today, Articles H

129 0 obj <> endobj How to Become a Confidential Informant | Mental Itch 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. 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. Once the case was done, ICE was also done with Lalo. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. In any case, the outcome will most likely benefit you as the defendant. Learn more Can a REDDI Report Be the Legal Basis for a Traffic Stop? Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . 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. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. 0000001889 00000 n 913, though most called him by the nickname Lalo. This field is for validation purposes and should be left unchanged. PDF Confidential Informants: Protecting Their Identity Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. "We stayed there all night and watched as they pulled out bodies," Magana says. You may feel trapped by serving as a Government informant. "He would say, 'We're going to have a barbecue.' This website is for general informational purposes only. He explained to my husband and I what my son was facing. To the U.S. government, he was officially informant No. 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. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Experts explain how confidential informants infect the - Inlander This is something that can be used to impeach him when he testifies. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. There may be other reasons why the identity of the CI will be revealed. Official websites use .gov He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. And gaining a better understanding of what motivates people takes time. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 0000001712 00000 n All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. He also tried to get Congress to investigate, but that went nowhere. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. What Is a Confidential Informant? - Randall & Stump, Criminal Defense To the U.S. government, he was officially informant No. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. AV Preeminent: The highest peer rating standard. Fabricating a confidential informant can lead to dire consequences. The Case Of A Confidential Informant Gone Wrong : NPR The killings in Juarez took place more than six years ago. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Skip to content. can you beat a controlled by Case by discrediting the - Avvo 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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. What Is the Difference between Kidnapping and False Imprisonment. 3. Learning the Identity of a Confidential Informant - Nolo The use of informants by police is essentially unregulated by the courts. 913, though most called him by the nickname Lalo. No, the identity of informants are not public record. But he had his reasons for informing on the drug gang. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Contact us. 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. Contributing to the Delinquency of a Minor. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. It is important for law enforcement to protect the credibility of the informant as much as possible. 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. 0000000016 00000 n The government could decide to charge someone who does that with obstruction of justice, among other things. We called after our son was arrested for a crime he committed nearly 9 months earlier. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. 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. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Our consultant Dr John Buckley will be. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. (The capacity for telling lies is called "mendacity," in case you were wondering.) For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? He's clean-cut and clearly educated. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Motives and Motivations of Confidential Informants This story was produced for broadcast by Marisa Penaloza. The information may prove to relate to exculpatory evidence. for the objects of police raids if things go awry. The recording devices used have become very sophisticated and are virtually undetectable. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. 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. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. If you agree to work with the FBI, you will be . On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Courtesy Texas DMV, U.S. D.O.J. I couldn't believe it," says the DEA's Sandalio Gonzalez. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. 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. "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?" But Bencomo stayed on, and so did Lalo. His handlers did well, too. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. The CI may do controlled buys. This means that the CI will have an agreement with the police. The required areas are criminal justice, law enforcement, police science, etc. Informants nationwide end up beaten, tortured and dead once they're found out. CONFIDENTIAL INFORMANTS - Official FBIretired Website The feds paid Lalo well: nearly $250,000 over four years. The government does not have the resources or time to do this. The Client Review Rating score is determined through the aggregation of validated responses. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 0000032339 00000 n Kansas bill would give context about jailhouse informants | The Kansas 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. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Terms of Service apply. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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. No one. 0000001273 00000 n Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Protecting confidential informant identities -breaches risk lives He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Here in Mexico, there is no justice, only impunity. What evidence is needed to make a drug bust? [It is only available to law enforcement.]. Eventually, a dozen bodies were unearthed at the site. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. advice, does not constitute a lawyer referral service, and no attorney-client or Defending Against Informants in Drug Sales Cases | Ray Kimble ) or https:// means youve safely connected to the .gov website. 0 A simple he-said-she-said backed up with no observations won't be worth much in court. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. 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. The CI must provide 100% honest information. 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. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Share sensitive information only on official, secure websites. "In my mind, he was given a license to kill.". 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. Lalo's information was on the mark. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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). Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "It was so horrible. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. It is ugly. 0000001540 00000 n Those are . With every new body, the smell would hit us it was horrible. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Believe it or not it is legal for law enforcement to pay a government snitch! Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Here in Mexico, there is no justice, only impunity," Magana says. "I don't know if they are going to keep me here for the rest of my life," he said. 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. The CI may be working several buy busts before the CIs work is finished with the police. The guidelines can be used to develop or revise written directives for using and managing informants. 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. 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. For now, he said, jail is better than the fate he faces in Mexico. Every day that passes is another day that the prosecutors office is working to secure your guilt. A .gov website belongs to an official government organization in the United States. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Drug Use and The Use of a Confidential Informant | Ketcham Law It is possible to beat drug trafficking charges. he says. 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. He also helped crack a major international cigarette smuggling ring. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. This video explains the risks and benefits of working as a police confidential informant. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Distinguished: An excellent rating for a lawyer with some experience. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. This is a common issue people face when working as CIs. And Lalo was with them. It's also the least painful and expensive. After all, the average CI is a 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? 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Police techniques for recruiting and running informants revealed Once I reached out to Matt he was back in touch within the hour. The crux revolves around the confidential part of the confidential informant. 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 . 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. But she did. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. All these only go to reinforce stereotypes. 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. An exchange for leniency in the charges against the informant generally occurs in these situations. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Possibly, yes. Exculpatory evidence is evidence that could clear the defendant of guilt. Call 954-845-0505 any time, day or night, to speak with a member of our team. "It hit me like cold water in the face; it just feels terrible. An official website of the United States government, Department of Justice. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement).