Call 954-845-0505 any time, day or night, to speak with a member of our team. 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. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). The killings in Juarez took place more than six years ago. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Informants nationwide end up beaten, tortured and dead once they're found out. The memo stated that those rules would be part of a new policy handbook. My reservations were quickly eased during my initial consultation. . This may result in longer prison sentences and larger fines associated with a conviction. And the CI must answer the question truthfully or else possibly face sanctions in court. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. "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. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Confidentiality is what makes the informant valuable. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Human motives and motivation is a complex subject with many competing theories. A few other articles found on the internet will give an expanded version of that list. If you need help defending yourself from these cases, our criminal defense firm can help. Contributing to the Delinquency of a Minor. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Courtesy Texas DMV, U.S. D.O.J. I took the recording and I told my supervisor that I didn't wish to be part of the case.". "There were these code words that the bosses would say to Lalo," Huerta says. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. However, an informant whos been burnt obviously wont be trusted in their typical circles. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Our son was distraught and frightened and Matt was very reassuring and supportive. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 0000000016 00000 n Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. "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?" The monograph is organized around the confidential informant's employment . Distinguished: An excellent rating for a lawyer with some experience. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. 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. Courtesy Raul Loya 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. 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. The information may prove to relate to exculpatory evidence. Lalo's information was on the mark. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. AV Preeminent: The highest peer rating standard. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. He explained to my husband and I what my son was facing. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. 1 ANSWER. You cant enforce these agreements or conversations. 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. abstract. and Raul Loya Confidential informants people who pose. hide caption. I would recommend Justin without reservation to anyone seeking representation. Law enforcement will often corroborate a CI's information with consistent observations by officers. Believe it or not it is legal for law enforcement to pay a government snitch! Lalo said his actions were necessary to maintain his cover. "I believe in some kind of justice, and I think I was doing something good," he said. The government could decide to charge someone who does that with obstruction of justice, among other things. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 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. 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? 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. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. 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. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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. Put crudely . There is no obligation from the Government to protect you the rest of your life because you served as a CI. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. This decision can affect you and others for the rest of your life. The CI is assigned a CI number and agrees to provide information about your case to the police. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Eventually, a dozen bodies were unearthed at the site. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. A .gov website belongs to an official government organization in the United States. Learn more Meeting with a lawyer can help you understand your options and how to best protect your rights. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. "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.' If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. 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. 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. Once I reached out to Matt he was back in touch within the hour. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. The reason for this is the police use the CI to gain probable cause for your arrest. In all, there were 12 victims. 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. The CI may be wearing a wire or recording device. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 0000000576 00000 n Possess a dangerous drug for sale. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. It is possible to beat drug trafficking charges. There are several ways to become an FBI informant. Lalo has been in solitary confinement for more than five years. It can also be risky for the prosecution if they must give the CIs identity to the defense later. hide caption. On the tape, Lalo looks more like a victim than a drug thug. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. It all depends on the facts of your case. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. This field is for validation purposes and should be left unchanged. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. The true identity of a confidential informant should be strictly limited to an identified number of people. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. [It is only available to law enforcement.]. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. hide caption. There may be other reasons why the identity of the CI will be revealed. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 142 0 obj<>stream 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. The Drug Enforcement Administration blacklisted him. 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. If youre worried about how to beat a confidential informant, let the, represent you. A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. 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. Official websites use .gov (The capacity for telling lies is called "mendacity," in case you were wondering.) It can also be risky for the prosecution if they must give the CIs identity to the defense later. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. It is not like the old school movies where you can see a wire taped under someones shirt. 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. 913, though most called him by the nickname Lalo. We contacted our attorney in the state where we live and he recommended Matt to us. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Secondly, know all the versions of the s. Yes, a felon can be an informant. 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. A person shall not knowingly: 1. Understanding an informants motives for providing information is fundamental to managing them effectively. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Mathew is really eloquent and smart. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. The police have the upper hand on CIs. There should be an audit trail detail who has seen the true identity and when they saw it. Bencomo says Lalo was different from other informants. This site is protected by 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? 129 14 **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. "And you have to act like a criminal.". In my mind, he was given a license to kill. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. You may feel trapped by serving as a Government informant. Call 954-845-0505 today. advice, does not constitute a lawyer referral service, and no attorney-client or 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). Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Marvin Christensen @MarvinChristensen988. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. Informants. And he didn't need the money he was already making plenty in Juarez's drug trade. Confidentiality is what makes the informant valuable. Do not allow any of these things to happen to you. Eventually, a dozen bodies were unearthed at the site. However, this does not have to be the case. It has been dubbed the House of Death. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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. 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. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Courtesy Texas DMV, U.S. D.O.J. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. %PDF-1.3 % Copyright 2023 Weinstein Legal. After all, the average CI is a 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Skip to content. Copyright 2022, Thomson Reuters. Stay up-to-date with how the law affects your life. How Much Jail Time for Felony Grand Theft? It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. This is very wrong and a misconception. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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). ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. You impeach them on the stand, which discredits the evidence, information, and testimony they give. "I don't know if they are going to keep me here for the rest of my life," he said. 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 . 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. 0000017403 00000 n 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. "He would say, 'We're going to have a barbecue.' All these only go to reinforce stereotypes. The CI must provide 100% honest information. The required areas are criminal justice, law enforcement, police science, etc. The CI is searched before and after the deal by the police. Absolutely. Lalo wasn't looking to make a deal. This is something that can be used to impeach him when he testifies. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. The content of the responses is entirely from reviewers. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Fabricating a confidential informant can lead to dire consequences. Courtesy Texas DMV, U.S. D.O.J. he really cares and goes beyond 100% to help his clients. Share sensitive information only on official, secure websites. 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. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. 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. You may feel you are being watched. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. 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 . This important decision can affect you the rest of your life and possibly even your loved ones or friends. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. All rights reserved.|Disclaimer|Privacy policy.