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He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. The guidelines can be used to develop or revise written directives for using and managing informants. Learn more A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Courtesy Raul Loya The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. A still from a video in which Lalo talks about his case. Courtesy Texas DMV, U.S. D.O.J. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. 3 man in the Juarez cartel. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. 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. 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. There are several ways to become an FBI informant. If you agree to work with the FBI, you will be . 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. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 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. 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. ZIP He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. 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. 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. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. An official website of the United States government, Department of Justice. No one. The problem is that there is no one to police the police. 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. Thank you Mathew!! The Client Review Rating score is determined through the aggregation of validated responses. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. The police have the upper hand on CIs. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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. The purpose of the ruling is to establish an informant . 0000001889 00000 n Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, 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. 913, though most called him by the nickname Lalo. 0000000966 00000 n . NPR went there with veteran Juarez crime reporter Carlos Huerta. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. He also helped crack a major international cigarette smuggling ring. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. 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. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Bencomo says the agents were told that Santillan was the No. The attorney Supplemental Terms. This is something that can be used to impeach him when he testifies. Once the government uses you as a CI, they can be done with you. "That was the first incident that I ever came across that he was working both sides," Bencomo says. What Is the Difference between Kidnapping and False Imprisonment. In general, the Government goes to great lengths to not reveal the identity of snitches. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. There is no obligation from the Government to protect you the rest of your life because you served as a CI. 0000000016 00000 n A common myth that is absolutely not true is that confidential informants do not testify in trials. 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. For now, he said, jail is better than the fate he faces in Mexico. 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. [It is only available to law enforcement.]. Choosing the right attorney can be the most important step youll ever take. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. We called after our son was arrested for a crime he committed nearly 9 months earlier. Fortunately we have done it for you. "In my mind, he was given a license to kill.". (The capacity for telling lies is called "mendacity," in case you were wondering.) 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. 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. 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. The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Raul Bencomo, then an agent with U.S. Customs, assigned code No. 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, The crux revolves around the confidential part of the confidential informant. 0000000576 00000 n Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. We contacted our attorney in the state where we live and he recommended Matt to us. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. Our son was distraught and frightened and Matt was very reassuring and supportive. %PDF-1.3 % The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Lalo said his actions were necessary to maintain his cover. "I don't know if they are going to keep me here for the rest of my life," he said. But Bencomo stayed on, and so did Lalo. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. It just made me sick. In all, there were 12 victims. 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. 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. Some informants have personalities that make them difficult to manage. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. That's all I'm doing right now.". Lalo has been in solitary confinement for more than five years. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. This field is for validation purposes and should be left unchanged. But it wasn't just the people of Juarez who were outraged. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. "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?" "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. and Raul Loya Confidential informants people who pose. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. ICE says it learned some lessons dealing with Lalo. How Much Jail Time for Felony Grand Theft? "It was so horrible. There should be an audit trail detail who has seen the true identity and when they saw it. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. And he didn't need the money he was already making plenty in Juarez's drug trade. 5. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. advice, does not constitute a lawyer referral service, and no attorney-client or Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. 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? Copyright 2023 MH Sub I, LLC dba Internet Brands. Yes, a felon can be an informant. Visit https://www.gustitislaw.com for more information about inform. He explained to my husband and I what my son was facing. 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. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. But this is nearly non-existent in state cases and rare, at best, in federal cases. Is a Confidential Informant Truthful? 1 ANSWER. We came back night after night to see how many they dug up.". There may be other reasons why the identity of the CI will be revealed. 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. All rights reserved. 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 . It hit me like cold water in the face; it just feels terrible. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. Mathew did an amazing job in court. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. xb```Il@r/ 0! 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. There must be some legal guarantee that a CI's info is good. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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 . This site is protected by The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. "I was shocked. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Copyright 2023 Weinstein Legal. code or county). The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Possess or use a dangerous drug. 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. If youre worried about how to beat a confidential informant, let the, represent you. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Schedule a free consultation today. hide caption. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 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. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. 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. This is the first time that Bencomo has talked publicly. The CI must provide 100% honest information. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. 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. This video explains the risks and benefits of working as a police confidential informant. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. abstract. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Human motives and motivation is a complex subject with many competing theories. A .gov website belongs to an official government organization in the United States. Mathew is really eloquent and smart. "And you have to act like a criminal.". A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. A responsive, knowledgeable and skilled attorney. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Your access of/to and use However, this does not have to be the case. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. You may feel trapped by serving as a Government informant. The information may prove to relate to exculpatory evidence. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. To the U.S. government, he was officially informant No. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. 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.