Bencomo says the agents were told that Santillan was the No. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. There may be cameras in the location that the deal takes place. 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 . Secure .gov websites use HTTPS ) or https:// means youve safely connected to the .gov website. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. about FindLaws newsletters, including our terms of use and privacy policy. So where are we going to find any help if we can't trust the U.S.? 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. We came back night after night to see how many they dug up.". However, you need a tireless defense team fighting on your behalf. You cant enforce these agreements or conversations. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. 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. The memo stated that those rules would be part of a new policy handbook. Guadalupe Juarez/AFP/Getty Images 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. The attorney If you need help defending yourself from these cases, our criminal defense firm can help. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . It is not like the old school movies where you can see a wire taped under someones shirt. A person shall not knowingly: 1. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). In general, the Government goes to great lengths to not reveal the identity of snitches. 0000018883 00000 n Confidential informants arent the same as anonymous sources or tipsters. 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. and Raul Loya Can a felon be a confidential informant? He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. trailer "And you have to act like a criminal.". Believe it or not it is legal for law enforcement to pay a government snitch! Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Once the case was done, ICE was also done with Lalo. It has been dubbed the House of Death. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. So how can a court find a CI's testimony to be credible? 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. The killings in Juarez took place more than six years ago. The Client Review Rating score is determined through the aggregation of validated responses. The crux revolves around the confidential part of the confidential informant. And he didn't need the money he was already making plenty in Juarez's drug trade. There may be other reasons why the identity of the CI will be revealed. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Possibly, yes. No, the identity of informants are not public record. confidential relationship is or should be formed by use of the site. His performance in court was outstanding and gave me a big victory. Call 954-845-0505 any time, day or night, to speak with a member of our team. 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. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Therefore, they wont be able to provide any information. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 913, though most called him by the nickname Lalo. Why did the chicken cross the road ? You may not see or notice the police. "That was the first incident that I ever came across that he was working both sides," Bencomo says. To the U.S. government, he was officially informant No. The CI may be wearing a wire or recording device. Former agent Bencomo remembers listening to the tape. There are legal defenses available to you. 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, Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. "It just made me sick," he says. I would recommend Justin without reservation to anyone seeking representation. It just made me sick. abstract. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. 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. These guys are El Paso's version of the Keystone Kops," Loya says. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. But in either language, his story is the same. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. An official website of the United States government, Department of Justice. 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. The more specific and detailed, the more likely a court is to accept a CI's information. Call 954-845-0505 today. You impeach them on the stand, which discredits the evidence, information, and testimony they give. It hit me like cold water in the face; it just feels terrible. Informants. The guidelines can be used to develop or revise written directives for using and managing informants. My reservations were quickly eased during my initial consultation. 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. 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 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 the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. You must have an associate's degree and a bachelor's degree in the relevant areas. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. "I had to go to the restroom and throw up. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. 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. 913, though most called him by the nickname Lalo. Fortunately we have done it for you. "We stayed there all night and watched as they pulled out bodies," Magana says. But in Lalo's case, he says, rogue agents didn't properly follow them. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Secondly, know all the versions of the s. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. 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. There should be an audit trail detail who has seen the true identity and when they saw it. The guidelines can be used to develop or revise written directives for using and managing informants. ZIP Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Courtesy Texas DMV, U.S. D.O.J. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Eventually, a dozen bodies were unearthed at the site. and Raul Loya Confidential informants people who pose. Yes, a felon can be an informant. 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 . 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. You can receive an entirely free case evaluation with absolutely no obligation. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Answer (1 of 5): The first thing you need to do is know your enemy. 129 0 obj <> endobj 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 . 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. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). That's all I'm doing right now.". 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. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. If CIs were public record, it would put their lives in danger and the lives of their loved ones. This website is for general informational purposes only. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. 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. xref This field is for validation purposes and should be left unchanged. Meeting with a lawyer can help you understand your options and how to best protect your rights. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 0000001889 00000 n The CI may be working several buy busts before the CIs work is finished with the police. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. 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. 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. Exculpatory evidence is evidence that could clear the defendant of guilt. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. hide caption. 0000032339 00000 n This video explains the risks and benefits of working as a police confidential informant. Copyright 2023 Weinstein Legal. 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. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 0000001540 00000 n 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? Some people have heard of the witness protection program in movies or TV shows. Confidential Informant Testifies as Government Witness. 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. Thus, a court needs some basis for a CI's allegations. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 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. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Eventually, a dozen bodies were unearthed at the site. 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. The purpose of the ruling is to establish an informant . The CI will likely be paying with marked money. 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. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Informants nationwide end up beaten, tortured and dead once they're found out. All rights reserved.|Disclaimer|Privacy policy. 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. "He would say, 'We're going to have a barbecue.' The information may prove to relate to exculpatory evidence. 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. startxref 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). It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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 also helped crack a major international cigarette smuggling ring. Highlight information that would indicate their dishonesty or bias. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. Anyone considering being a CI should first talk to a criminal defense attorney. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. 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. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. The agency began deportation proceedings with the intention of sending him back to Mexico. Courtesy Texas DMV, U.S. D.O.J. Sign up. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. The use of informants by police is essentially unregulated by the courts. 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. A Bureau of Justice Assistance Monograph. It is possible to beat drug trafficking charges. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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". A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. "In my mind, he was given a license to kill.". The CI will contact you or maybe you contact the CI. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Every day that passes is another day that the prosecutors office is working to secure your guilt. For a quick fix solution Wikipedia provides a list of potential motivations. The content of the responses is entirely from reviewers. Once I reached out to Matt he was back in touch within the hour. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Throughout, he maintained consistent communication each step of the way until my case was resolved. Martindale-Hubbell validates that a reviewer is a person with a valid email address. 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. Put crudely . xb```Il@r/ 0! vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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.
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