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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Mathew is really eloquent and smart. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. for the objects of police raids if things go awry. 0000000884 00000 n This field is for validation purposes and should be left unchanged. Drug smuggling turned out to be the least of Lalo's exploits. he really cares and goes beyond 100% to help his clients. 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). In the end the police are working for the government and you are left holding the bag. The killings in Juarez took place more than six years ago. 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. 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. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The CI may do controlled buys. This means that the CI will have an agreement with the police. 0000001712 00000 n 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. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. "In my mind, he was given a license to kill.". 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. xref 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Secondly, know all the versions of the s. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. of this site is subject to additional 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. 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". 0000000966 00000 n "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. But that is the sobering truth of being a CI. 129 0 obj <> endobj In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. ICE says the fault lies with former agent Bencomo, Lalo's handler. 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). If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Throughout, he maintained consistent communication each step of the way until my case was resolved. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. But this is nearly non-existent in state cases and rare, at best, in federal cases. He says Lalo was the keeper of the keys. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. I would recommend Justin without reservation to anyone seeking representation. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case.". How Can Mitigation Help Get Me The Lowest Possible Sentence? Once the case was done, ICE was also done with Lalo. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Thus, a court needs some basis for a CI's allegations. 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. What Is the Difference between Kidnapping and False Imprisonment. It hit me like cold water in the face; it just feels terrible. We will review the facts surrounding your unique case and provide you with honest answers. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. The recording devices used have become very sophisticated and are virtually undetectable. In any case, the outcome will most likely benefit you as the defendant. [It is only available to law enforcement.]. With every new body, the smell would hit us it was horrible. 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? The required areas are criminal justice, law enforcement, police science, etc. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. And gaining a better understanding of what motivates people takes time. 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. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. Every day that passes is another day that the prosecutors office is working to secure your guilt. 129 14 A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. 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. Being a convicted felon means that the criminal offense will always show up on a background check and you may find it difficult to find housing or employment in the future. Even with the promise of payment, the decision to become a CI is very dangerous. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 913, though most called him by the nickname Lalo. 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. Penalties for Drug Possession Charges as a Minor. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. An official website of the United States government, Department of Justice. 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. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. 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. For now, he said, jail is better than the fate he faces in Mexico. The police have the upper hand on CIs. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. There must be some legal guarantee that a CI's info is good. In this hour of need and when this medical pro Mat was such a relief to our family! It depends. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". 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. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. And the devices are constantly evolving and improving. 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. 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. What Are the Different Types of Injunctions in Florida? 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. An exchange for leniency in the charges against the informant generally occurs in these situations. Informants nationwide end up beaten, tortured and dead once they're found out. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. 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. 6. A lock ( Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. You order drugs from the CI. 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. A person shall not knowingly: 1. The CI may be required to testify in a trial of the person they are snitching on. 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. You may feel you are being watched. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. The majority of informants are those working off . 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. And he didn't need the money he was already making plenty in Juarez's drug trade. I had to go to the restroom and throw up. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. How Do You Beat a Drug Trafficking Charge in Florida? 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, Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. 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. Confidentiality is what makes the informant valuable. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. There may be other reasons why the identity of the CI will be revealed. 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. 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. The pros and cons of being a confidential informant. But in either language, his story is the same. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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? It can also be risky for the prosecution if they must give the CIs identity to the defense later. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Terms of Service apply. Do not wait to start working on your defense. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Courtesy Texas DMV, U.S. D.O.J. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. All these only go to reinforce stereotypes. 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. A common myth that is absolutely not true is that confidential informants do not testify in trials. xb```Il@r/ 0! Some people have heard of the witness protection program in movies or TV shows. Why did the chicken cross the road ? 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? A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. The use of informants by police is essentially unregulated by the courts. Matt was available throughout the process for consultations with both my son and his parents. "So where are we going to find any help if we can't trust the U.S.?". However, you need a tireless defense team fighting on your behalf. The problem is that there is no one to police the police. hide caption. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. The Drug Enforcement Administration blacklisted him. Guadalupe Juarez/AFP/Getty Images Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . Criminal Defense Attorney in Philadelphia. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Saying they have a CI may be a cover for ill-gotten evidence and information. Contact Susan Williams today for a free consultation. The CI is searched before and after the deal by the police. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. %PDF-1.3 % Copyright 2023 Weinstein Legal. You must have an associate's degree and a bachelor's degree in the relevant areas. confidential relationship is or should be formed by use of the site. There are several ways to become an FBI informant. Confidentiality is what makes the informant valuable. Sign up. 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. His handlers did well, too. 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. about FindLaws newsletters, including our terms of use and privacy policy. If youre worried about how to beat a confidential informant, let the, represent you. in the former, a crime is reported to the police and an investigation is initiated; in the latter . NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 1 ANSWER. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Lalo said his actions were necessary to maintain his cover. 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. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. The attorney Martindale-Hubbell validates that a reviewer is a person with a valid email address. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. <<59BC4FB09E3701468D15B956FB86861C>]>> 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. Anyone considering being a CI should first talk to a criminal defense attorney. Stay up-to-date with how the law affects your life. Confidential informants arent the same as anonymous sources or tipsters. 2. Ashok Dhamija Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Among the victims were two U.S. residents. But Bencomo stayed on, and so did Lalo. This is something that can be used to impeach him when he testifies. Human motives and motivation is a complex subject with many competing theories. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. Copyright 2022, Thomson Reuters. The CI may be working several buy busts before the CIs work is finished with the police. 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. 0000000016 00000 n 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.

Malcolm In The Middle Are You Aboriginal, Chirp Inmate Texting App, Oc Parks Fish Stocking Schedule 2021, Sandman Design Forged, Articles H