Lalo wasn't looking to make a deal. "It just made me sick," he says. The feds paid Lalo well: nearly $250,000 over four years. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Read More >>. We will review the facts surrounding your unique case and provide you with honest answers. And he didn't need the money he was already making plenty in Juarez's drug trade. 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. The identity of the CI can be necessary to a Defendants defense in their criminal case. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. The recording devices used have become very sophisticated and are virtually undetectable. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Confidentiality is what makes the informant valuable. Both federal and state law enforcement officers use confidential informants. No, the identity of informants are not public record. 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. Raul Bencomo, then an agent with U.S. Customs, assigned code No. "I don't know if they are going to keep me here for the rest of my life," he said. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. This story was produced for broadcast by Marisa Penaloza. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Confidential Informant Testifies as Government Witness. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. But this is nearly non-existent in state cases and rare, at best, in federal cases. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Jeralyn Elise Merritt (Unclaimed Profile). 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 . My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. In this hour of need and when this medical pro Mat was such a relief to our family! Possess or use a dangerous drug. 2. Ashok Dhamija If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. He also tried to get Congress to investigate, but that went nowhere. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Courtesy Texas DMV, U.S. D.O.J. So where are we going to find any help if we can't trust the U.S.? By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. . NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. 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). If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. This is a common issue people face when working as CIs. hide caption. This is something that can be used to impeach him when he testifies. confidential relationship is or should be formed by use of the site. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 0000000576 00000 n 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. There may be cameras in the location that the deal takes place. You must have an associate's degree and a bachelor's degree in the relevant areas. and Raul Loya And the CI must answer the question truthfully or else possibly face sanctions in court. No one. 0000000884 00000 n Thus, a court needs some basis for a CI's allegations. The CI may do controlled buys. This means that the CI will have an agreement with the police. It's also the least painful and expensive. Criminal Defense Attorney in Philadelphia. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. We came back night after night to see how many they dug up.". Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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". "There were these code words that the bosses would say to Lalo," Huerta says. On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. Thank you Mathew!! The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. Why did the chicken cross the road ? "We stayed there all night and watched as they pulled out bodies," Magana says. 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. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. There must be some legal guarantee that a CI's info is good. Our consultant Dr John Buckley will be. 0000001540 00000 n Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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. 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. Courtesy Texas DMV, U.S. D.O.J. And the devices are constantly evolving and improving. 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. Confidential Informants can never be 100% protected by the Government or anyone else. "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.". 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? In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Informants. Terms of Service apply. The problem is that there is no one to police the police. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. In all, there were 12 victims. A simple he-said-she-said backed up with no observations won't be worth much in court. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Choosing the right attorney can be the most important step youll ever take. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. The reason for this is the police use the CI to gain probable cause for your arrest. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. If youre worried about how to beat a confidential informant, let the, represent you. But during our interview, ICE said that handbook still isn't finished. Law enforcement may keep threatening jail or charges unless you work one more deal for them. ZIP 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. 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. A person shall not knowingly: 1. Penalties for Drug Possession Charges as a Minor. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Saying they have a CI may be a cover for ill-gotten evidence and information. What evidence is needed to make a drug bust? It all depends on the facts of your case. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. %PDF-1.3 % If you need help defending yourself from these cases, our criminal defense firm can help. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. To the U.S. government, he was officially informant No. But as that investigation started, ICE's prized snitch came under suspicion. 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. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. "And you have to act like a criminal.". And Lalo was with them. This site is protected by $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. The most common way to become an FBI informant is to be approached by the FBI. In my mind, he was given a license to kill. 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. However, you need a tireless defense team fighting on your behalf. 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. However, this does not have to be the case. It has been dubbed the House of Death. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 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. "I believe in some kind of justice, and I think I was doing something good," he said. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Drug smuggling turned out to be the least of Lalo's exploits. hide caption. It is not like the old school movies where you can see a wire taped under someones shirt. Demonstrate any past instances of false or invalidated evidence or information they have provided. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. (The capacity for telling lies is called "mendacity," in case you were wondering.) Throughout, he maintained consistent communication each step of the way until my case was resolved. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. 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. This is the first time that Bencomo has talked publicly. Possess a dangerous drug for sale. Visit our attorney directory to find a lawyer near you who can help. Confidentiality is what makes the informant valuable. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. You impeach them on the stand, which discredits the evidence, information, and testimony they give. I had to go to the restroom and throw up. Can a felon be a confidential informant? 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Saying they have a CI may be a cover for ill-gotten evidence and information. Law enforcement will often corroborate a CI's information with consistent observations by officers. 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. Copyright 2023 Weinstein Legal. Learn more That's all I'm doing right now.". The state will do its best to not reveal the identity of the CI. Lawyers from our extensive network are ready to answer your question. 0000032775 00000 n There should be an audit trail detail who has seen the true identity and when they saw it. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. Sign up. The CI may be working several buy busts before the CIs work is finished with the police. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 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. 913, though most called him by the nickname Lalo. 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. 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. Schedule a free consultation today. How Can Mitigation Help Get Me The Lowest Possible Sentence? It is ugly. But in either language, his story is the same. Police and prosecutors generally want to keep the identity of their CI a secret. 1 ANSWER. He's clean-cut and clearly educated. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. The monograph is organized around the confidential informant's employment . A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The high court held that reliance on informant testimony implicates . Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 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 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. But he had his reasons for informing on the drug gang. However, this does not have to be the case. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. A Bureau of Justice Assistance Monograph. You order drugs from the CI. Bencomo says Lalo was different from other informants. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. hide caption. But that is the sobering truth of being a CI. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. 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. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. If you agree to work with the FBI, you will be . 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. He says that the agency's guidelines for using confidential informants are sound. There may be other reasons why the identity of the CI will be revealed. Our son was distraught and frightened and Matt was very reassuring and supportive. This decision can affect you and others for the rest of your life. This website is for general informational purposes only. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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). And gaining a better understanding of what motivates people takes time.
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