Jeralyn Elise Merritt (Unclaimed Profile). Put crudely . 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. 0000001273 00000 n 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). The Drug Enforcement Administration blacklisted him. If you agree to work with the FBI, you will be . At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Can a REDDI Report Be the Legal Basis for a Traffic Stop? Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. But in Lalo's case, he says, rogue agents didn't properly follow them. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. "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.". 0000017958 00000 n It's also the least painful and expensive. However, the above measures are extra insurance for the police, they are not required. ICE says it learned some lessons dealing with Lalo. For now, he said, jail is better than the fate he faces in Mexico. Confidential Informants can never be 100% protected by the Government or anyone else. It can also be risky for the prosecution if they must give the CIs identity to the defense later. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Police and prosecutors generally want to keep the identity of their CI a secret. Courtesy Texas DMV, U.S. D.O.J. 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. 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. 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. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Throughout, he maintained consistent communication each step of the way until my case was resolved. hide caption. 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. And Lalo was with them. His sincerity, empathy and commitment to advocating on my behalf were apparent. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Police and prosecutors generally want to keep the identity of their CI a secret. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. There may be cameras in the location that the deal takes place. The amount of a drug for which trafficking charges are applicable varies depending on the substance. The killings in Juarez took place more than six years ago. Schedule a free consultation today. 913, though most called him by the nickname Lalo. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Lalo said his actions were necessary to maintain his cover. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Choosing the right attorney can be the most important step youll ever take. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. He is the best !! This is something that can be used to impeach him when he testifies. The guidelines can be used to develop or revise written directives for using and managing informants. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. Details for individual reviews received before 2009 are not displayed. 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. 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. 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Understanding motive and motivation. It is possible to beat drug trafficking charges. There are several ways to become an FBI informant. Visit https://www.gustitislaw.com for more information about inform. 0000000966 00000 n If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. %PDF-1.3 % 3 man in the Juarez cartel. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. This story was produced for broadcast by Marisa Penaloza. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. I would recommend Justin without reservation to anyone seeking representation. xb```Il@r/ 0! Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Therefore, they wont be able to provide any information. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. For a quick fix solution Wikipedia provides a list of potential motivations. 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. 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. You may feel trapped by serving as a Government informant. 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? 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. Visit our attorney directory to find a lawyer near you who can help. There may be other reasons why the identity of the CI will be revealed. Sign up. in the former, a crime is reported to the police and an investigation is initiated; in the latter . The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Your access of/to and use 2. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. You may not see or notice the police. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Ashok Dhamija "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?" If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The information provided on this site is not legal 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. You may feel you are being watched. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. But in either language, his story is the same. The content of the responses is entirely from reviewers. 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, Law enforcement will often corroborate a CI's information with consistent observations by officers. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. With every new body, the smell would hit us it was horrible. "What is wrong with this picture?". For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 0000032775 00000 n When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. So how can a court find a CI's testimony to be credible? Yes, a felon can be an informant. 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. Here in Mexico, there is no justice, only impunity. Contact Susan Williams today for a free consultation. Gonzalez lodged a complaint against ICE. Confidential Informant Testifies as Government Witness. 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 hit me like cold water in the face; it just feels terrible. What are the different Martindale-Hubbell Peer Review Ratings?*. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. "And you have to act like a criminal.". "I really was doing something good," he said. 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. This video explains the risks and benefits of working as a police confidential informant. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. 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. The most common way to become an FBI informant is to be approached by the FBI. 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. The reason for this is the police use the CI to gain probable cause for your arrest. In any case, the outcome will most likely benefit you as the defendant. A lock ( The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Criminal Defense Attorney in Philadelphia. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. On the tape, Lalo looks more like a victim than a drug thug. 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. The CI may be charged with a serious drug (or other) criminal offense. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. And he didn't need the money he was already making plenty in Juarez's drug trade. Confidentiality is what makes the informant valuable. Demonstrate any past instances of false or invalidated evidence or information they have provided. The memo stated that those rules would be part of a new policy handbook. <<59BC4FB09E3701468D15B956FB86861C>]>> 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. I took the recording and I told my supervisor that I didn't wish to be part of the case. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. It is not like the old school movies where you can see a wire taped under someones shirt. Copyright 2023 Weinstein Legal. The monograph is organized around the confidential informant's employment . These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. "I believe in some kind of justice, and I think I was doing something good," he said. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. A. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. 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. The guidelines can be used to develop or revise written directives for using and managing informants. "In my mind, he was given a license to kill.". ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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 . 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. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. trailer Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. You can receive an entirely free case evaluation with absolutely no obligation. Call 954-845-0505 any time, day or night, to speak with a member of our team. 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 team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. there are basically two types of police investigation, reactive and proactive. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. ICE says the fault lies with former agent Bencomo, Lalo's handler. And the CI must answer the question truthfully or else possibly face sanctions in court. 0000000884 00000 n He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. "I don't know if they are going to keep me here for the rest of my life," he said. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. The police have the upper hand on CIs. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 5 Factors Courts Will Consider. . 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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. Secondly, know all the versions of the s. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. This may result in longer prison sentences and larger fines associated with a conviction. But that is the sobering truth of being a CI. He explained to my husband and I what my son was facing. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? 0000000576 00000 n Some informants have personalities that make them difficult to manage. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. But as that investigation started, ICE's prized snitch came under suspicion. The high court held that reliance on informant testimony implicates . The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Both federal and state law enforcement officers use confidential informants. Former agent Bencomo remembers listening to the tape. 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. 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. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Among the victims were two U.S. residents. However, you need a tireless defense team fighting on your behalf. To the U.S. government, he was officially informant No. hide caption. But she did. Answer (1 of 5): The first thing you need to do is know your enemy. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Lawyers from our extensive network are ready to answer your question. Guadalupe Juarez/AFP/Getty Images 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. His performance in court was outstanding and gave me a big victory. He's clean-cut and clearly educated. If youre worried about how to beat a confidential informant, let the, represent you. If you need help defending yourself from these cases, our criminal defense firm can help. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. NPR went there with veteran Juarez crime reporter Carlos Huerta. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. The CI knows he/she is working as a snitch, but you do not. 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. 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. This field is for validation purposes and should be left unchanged. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. The agency began deportation proceedings with the intention of sending him back to Mexico. It is ugly. Absolutely. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. It has been dubbed the House of Death. Eventually, a dozen bodies were unearthed at the site. Courtesy Texas DMV, U.S. D.O.J. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The government could decide to charge someone who does that with obstruction of justice, among other things. It can also be risky for the prosecution if they must give the CIs identity to the defense later. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. Mathew is really eloquent and smart. So where are we going to find any help if we can't trust the U.S.? To the U.S. government, he was officially informant No. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. 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. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The CI must provide 100% honest information. A simple he-said-she-said backed up with no observations won't be worth much in court. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Eventually, a dozen bodies were unearthed at the site. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Official websites use .gov He also tried to get Congress to investigate, but that went nowhere. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Guadalupe Juarez/AFP/Getty Images My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. You must have an associate's degree and a bachelor's degree in the relevant areas.