Once I reached out to Matt he was back in touch within the hour. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Possess or use a dangerous drug. 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). He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. [It is only available to law enforcement.]. 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. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 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. Supplemental Terms. However, an informant whos been burnt obviously wont be trusted in their typical circles. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. It just made me sick. Can a REDDI Report Be the Legal Basis for a Traffic Stop? During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. ICE says the fault lies with former agent Bencomo, Lalo's handler. 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. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Lawyers from our extensive network are ready to answer your question. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. His handlers did well, too. Yes, in some circumstances the police will pay a person to be a CI. Identities should be stored in a system with the highest level of security and with Role Based Access Control. 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. %PDF-1.3 % Courtesy Texas DMV, U.S. D.O.J. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Some people have heard of the witness protection program in movies or TV shows. "I really was doing something good," he said. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. However, the above measures are extra insurance for the police, they are not required. There should be an audit trail detail who has seen the true identity and when they saw it. All these only go to reinforce stereotypes. Timeline: An ICE Informant Run Amok Or Mishandled? Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. What are the different Martindale-Hubbell Peer Review Ratings?*. in the former, a crime is reported to the police and an investigation is initiated; in the latter . It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. But 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. 913, though most called him by the nickname Lalo. 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. The more specific and detailed, the more likely a court is to accept a CI's information. 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. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. All rights reserved. The most common way to become an FBI informant is to be approached by the FBI. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. There may be cameras in the location that the deal takes place. But Bencomo stayed on, and so did Lalo. listings on the site are paid attorney advertisements. "He would say, 'We're going to have a barbecue.' This is very wrong and a misconception. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. "What is wrong with this picture?". 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. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. 913, though most called him by the nickname Lalo. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. The CI may be charged with a serious drug (or other) criminal offense. of this site is subject to additional Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. 0000000884 00000 n The CI will contact you or maybe you contact the CI. While we continue to believe that the motives of a confidential informant can be summarized in one or two words, for example, fear, money or a reduced sentence, our interactions with them will always remain superficial and be fraught with risk. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. For a quick fix solution Wikipedia provides a list of potential motivations. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Understanding motive and motivation. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. "I was shocked. All rights reserved.|Disclaimer|Privacy policy. 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 true identity of a confidential informant should be strictly limited to an identified number of people. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. 0000032339 00000 n "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. "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?" We found ourselves against all odds. Bencomo says Lalo was different from other informants. The high court held that reliance on informant testimony implicates . 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Secondly, know all the versions of the s. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Matt was available throughout the process for consultations with both my son and his parents. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. advice, does not constitute a lawyer referral service, and no attorney-client or Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Meeting with a lawyer can help you understand your options and how to best protect your rights. It often comes to light that things may not be as they seem and this can greatly help your defense. It depends. Distinguished: An excellent rating for a lawyer with some experience. 0000000576 00000 n The Client Review Rating score is determined through the aggregation of validated responses. Once the government uses you as a CI, they can be done with you. "It hit me like cold water in the face; it just feels terrible. for the objects of police raids if things go awry. 1 ANSWER. You must have an associate's degree and a bachelor's degree in the relevant areas. 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. 3 man in the Juarez cartel. How Can Mitigation Help Get Me The Lowest Possible Sentence? He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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.