A .gov website belongs to an official government organization in the United States. Lalo said his actions were necessary to maintain his cover. 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. 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. vPxK
s&K0!6XYY'`aIbce9"\*z816&V:::Z. The feds paid Lalo well: nearly $250,000 over four years. 0000018883 00000 n
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. This video explains the risks and benefits of working as a police confidential informant. Confidentiality is what makes the informant valuable. Contributing to the Delinquency of a Minor. Then, at trial, the Government calls the . Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. The recording devices used have become very sophisticated and are virtually undetectable. and Raul Loya 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. 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? "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," he says. Copyright 2022, Thomson Reuters. Sign up. 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. And the devices are constantly evolving and improving. 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. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. There should be an audit trail detail who has seen the true identity and when they saw it. You cant enforce these agreements or conversations. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Read More >>. Thank you Mathew!! Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. Confidential informants arent the same as anonymous sources or tipsters. xb```Il@r/ 0! The CI knows he/she is working as a snitch, but you do not. The CI may be working several buy busts before the CIs work is finished with the police. and Raul Loya Confidential informants people who pose. 3. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. These guys are El Paso's version of the Keystone Kops," Loya says. The CI may be wearing a wire or recording device. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. ICE says the fault lies with former agent Bencomo, Lalo's handler. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. code or county). If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 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. His sincerity, empathy and commitment to advocating on my behalf were apparent. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 129 0 obj <>
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"I don't know if they are going to keep me here for the rest of my life," he said. 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. He's clean-cut and clearly educated. 1 ANSWER. To the U.S. government, he was officially informant No. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 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. Courtesy Texas DMV, U.S. D.O.J. 0000001094 00000 n
The guidelines can be used to develop or revise written directives for using and managing informants. The Client Review Rating score is determined through the aggregation of validated responses. 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. "It was so horrible. Drug smuggling turned out to be the least of Lalo's exploits. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Put crudely . How Can Mitigation Help Get Me The Lowest Possible Sentence? 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? Martindale-Hubbell validates that a reviewer is a person with a valid email address. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. And the CI must answer the question truthfully or else possibly face sanctions in court. So how can a court find a CI's testimony to be credible? You order drugs from the CI. 129 14
"In my mind, he was given a license to kill.". Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. ) or https:// means youve safely connected to the .gov website. Informants nationwide end up beaten, tortured and dead once they're found out. he says. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. In all, there were 12 victims. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. 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. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. advice, does not constitute a lawyer referral service, and no attorney-client or Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. 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 CI may be charged with a serious drug (or other) criminal offense. You must have an associate's degree and a bachelor's degree in the relevant areas. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 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. However, this does not have to be the case. In this hour of need and when this medical pro Mat was such a relief to our family! 0000000576 00000 n
for the objects of police raids if things go awry. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Eventually, a dozen bodies were unearthed at the site. If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Highlight information that would indicate their dishonesty or bias. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. 0
hide caption. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. It is ugly. A person shall not knowingly: 1. AV Preeminent: The highest peer rating standard. 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. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. For a quick fix solution Wikipedia provides a list of potential motivations. I couldn't believe it," says the DEA's Sandalio Gonzalez. The identity of the CI can be necessary to a Defendants defense in their criminal case. You may feel you are being watched. For a free legal consultation, call 215.515.3360. "And you have to act like a criminal.". 0000001540 00000 n
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. 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. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. hide caption. I would recommend Justin without reservation to anyone seeking representation. An exchange for leniency in the charges against the informant generally occurs in these situations. This website is for general informational purposes only. The amount of a drug for which trafficking charges are applicable varies depending on the substance. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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. Fabricating a confidential informant can lead to dire consequences. All rights reserved. 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. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . The purpose of the ruling is to establish an informant . NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. Guadalupe Juarez/AFP/Getty Images Courtesy Raul Loya The problem is that there is no one to police the police. Yes, a felon can be an informant. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. There are legal defenses available to you. What Is the Difference between Kidnapping and False Imprisonment. So where are we going to find any help if we can't trust the U.S.? How Do You Beat a Drug Trafficking Charge in Florida? An attorney may help you weigh your options. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. And gaining a better understanding of what motivates people takes time. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. "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.' Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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. 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. In general, the Government goes to great lengths to not reveal the identity of snitches. There may be other reasons why the identity of the CI will be revealed. Yes, in some circumstances the police will pay a person to be a CI. Demonstrate any past instances of false or invalidated evidence or information they have provided. Call 954-845-0505 any time, day or night, to speak with a member of our team. 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. Share sensitive information only on official, secure websites. Can a felon be a confidential informant? If you need help defending yourself from these cases, our criminal defense firm can help. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. confidential relationship is or should be formed by use of the site. It depends. Lalo wasn't looking to make a deal. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants 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.". "Are you kidding me? Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. 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. The true identity of a confidential informant should be strictly limited to an identified number of people. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. 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. The memo stated that those rules would be part of a new policy handbook. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. But in Lalo's case, he says, rogue agents didn't properly follow them. We found ourselves against all odds. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken.