In all, there were 12 victims. Choosing the right attorney can be the most important step youll ever take. Penalties for Drug Possession Charges as a Minor. The police have the upper hand on CIs. 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. 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 . how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. 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. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Drug smuggling turned out to be the least of Lalo's exploits. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Guadalupe Juarez/AFP/Getty Images Our consultant Dr John Buckley will be. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. This story was produced for broadcast by Marisa Penaloza. No, the identity of informants are not public record. However, you need a tireless defense team fighting on your behalf. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Our son was distraught and frightened and Matt was very reassuring and supportive. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). AV Preeminent: The highest peer rating standard. He also tried to get Congress to investigate, but that went nowhere. Lalo wasn't looking to make a deal. Ashok Dhamija "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Motives and Motivations of Confidential Informants 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, Bencomo says Lalo was different from other informants. 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, 0000000016 00000 n Both federal and state law enforcement officers use confidential informants. Contact Susan Williams today for a free consultation. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Drug Use and The Use of a Confidential Informant | Ketcham Law Mathew is really eloquent and smart. What Is a Confidential Informant? - Randall & Stump, Criminal Defense 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. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 129 14 If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. 0000017403 00000 n 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. The CI will likely be paying with marked money. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. The CI may be required to testify in a trial of the person they are snitching on. How to Become an FBI Informant | Legal Beagle Skip to content. But during our interview, ICE said that handbook still isn't finished. 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. 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. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. "I was shocked. But in Lalo's case, he says, rogue agents didn't properly follow them. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Courtesy Texas DMV, U.S. D.O.J. Possibly, yes. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. A lock ( 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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? "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.". Active listening for police - a skill for conflict avoidance. 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. <<59BC4FB09E3701468D15B956FB86861C>]>> A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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 team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. The use of informants by police is essentially unregulated by the courts. An official website of the United States government, Department of Justice. hide caption. Marvin Christensen @MarvinChristensen988. Becoming an Informant | Office of Justice Programs Bencomo was the only one fired as a result of the Lalo fiasco. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? "In my mind, he was given a license to kill.". Confidential Informants can never be 100% protected by the Government or anyone else. Once I reached out to Matt he was back in touch within the hour. ICE says the fault lies with former agent Bencomo, Lalo's handler. "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.' The recording devices used have become very sophisticated and are virtually undetectable. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Secure .gov websites use HTTPS Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. Is a Confidential Informant Truthful? I couldn't believe it," says the DEA's Sandalio Gonzalez. There are two opportunities to find out the identity of a confidential informant: before and during trial. Mathew did an amazing job in court. Can a felon be a confidential informant? "I had to go to the restroom and throw up. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 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. Why did the chicken cross the road ? Some informants have personalities that make them difficult to manage. 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. 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. 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 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. 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Kansas bill would give context about jailhouse informants | The Kansas 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. reCAPTCHA and the Google Privacy Policy and Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. It can also be risky for the prosecution if they must give the CIs identity to the defense later. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. However, this does not have to be the case. Schedule a free consultation today. Details for individual reviews received before 2009 are not displayed. To the U.S. government, he was officially informant No. 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. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. You cant enforce these agreements or conversations. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Visit our attorney directory to find a lawyer near you who can help. 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. I am not saying my child didnt have a breakdown. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. LockA locked padlock Are Confidential Informants Credible? 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. And gaining a better understanding of what motivates people takes time. Former agent Bencomo remembers listening to the tape. Can a felon be a confidential informant? What evidence is needed to 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. If youre worried about how to beat a confidential informant, let the, represent you. 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. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. However, the above measures are extra insurance for the police, they are not required. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. "I believe in some kind of justice, and I think I was doing something good," he said. Lalo has been in solitary confinement for more than five years. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. ICE says it learned some lessons dealing with Lalo. The problem is that there is no one to police the police. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. Those are . 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. there are basically two types of police investigation, reactive and proactive. Do not allow any of these things to happen to you. Copyright 2022, Thomson Reuters. You may feel you are being watched. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Bencomo says the agents were told that Santillan was the No. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. You may feel trapped by serving as a Government informant. This is very wrong and a misconception. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Exculpatory evidence is evidence that could clear the defendant of guilt. What Is the Difference between Kidnapping and False Imprisonment. A few other articles found on the internet will give an expanded version of that list. Even with the promise of payment, the decision to become a CI is very dangerous. How experts say to reform the confidential informant - KSAT And the devices are constantly evolving and improving. The agency began deportation proceedings with the intention of sending him back to Mexico. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. If you agree to work with the FBI, you will be . Jeralyn Elise Merritt (Unclaimed Profile). How credible is the confidential informant? The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority.
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