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. Mathew is really eloquent and smart. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. "In my mind, he was given a license to kill.". there are basically two types of police investigation, reactive and proactive. Do not wait to start working on your defense. . Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. There are two opportunities to find out the identity of a confidential informant: before and during trial. Informants nationwide end up beaten, tortured and dead once they're found out. A. Informants. There must be some legal guarantee that a CI's info is good. Martindale-Hubbell validates that a reviewer is a person with a valid email address. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. 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. This website is for general informational purposes only. The high court held that reliance on informant testimony implicates . Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 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. Courtesy Texas DMV, U.S. D.O.J. Timeline: An ICE Informant Run Amok Or Mishandled? But as that investigation started, ICE's prized snitch came under suspicion. Confidential Informant Testifies as Government Witness. Active listening for police - a skill for conflict avoidance. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Contributing to the Delinquency of a Minor. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. After all, the average CI is a 0000000884 00000 n You can receive an entirely free case evaluation with absolutely no obligation. You may feel trapped by serving as a Government informant. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. This site is protected by Copyright 2023 Weinstein Legal. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Confidential Informants can never be 100% protected by the Government or anyone else. The content of the responses is entirely from reviewers. The killings in Juarez took place more than six years ago. But during our interview, ICE said that handbook still isn't finished. A responsive, knowledgeable and skilled attorney. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. 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. AV Preeminent: The highest peer rating standard. "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.". The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Human motives and motivation is a complex subject with many competing theories. 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. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. "It was so horrible. %PDF-1.3 % The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Guadalupe Juarez/AFP/Getty Images 0000001273 00000 n xref Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. An attorney may help you weigh your options. It is important for law enforcement to protect the credibility of the informant as much as possible. 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? 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. 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. ZIP The state will do its best to not reveal the identity of the CI. Gonzalez lodged a complaint against ICE. Yes, in some circumstances the police will pay a person to be a CI. This story was produced for broadcast by Marisa Penaloza. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. It is ugly. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Once the case was done, ICE was also done with Lalo. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. 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. The monograph is organized around the confidential informant's employment . 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 . In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. The most common way to become an FBI informant is to be approached by the FBI. He's clean-cut and clearly educated. 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. The information provided on this site is not legal Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. The attorney Lalo has been in solitary confinement for more than five years. The memo stated that those rules would be part of a new policy handbook. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. 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. To the U.S. government, he was officially informant No. All rights reserved. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. advice, does not constitute a lawyer referral service, and no attorney-client or "We stayed there all night and watched as they pulled out bodies," Magana says. Gonzalez says when he tried to question the informant, ICE circled its wagons around 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. 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. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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). If youre worried about how to beat a confidential informant, let the, represent you. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. Possess or use a dangerous drug. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. There may be other reasons why the identity of the CI will be revealed. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Matt was available throughout the process for consultations with both my son and his parents. Former agent Bencomo remembers listening to the tape. Identities should be stored in a system with the highest level of security and with Role Based Access Control. The feds paid Lalo well: nearly $250,000 over four years. You order drugs from the CI. Believe it or not it is legal for law enforcement to pay a government snitch! You cant enforce these agreements or conversations. Matthew and his team made calls and were very persistent. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. To the U.S. government, he was officially informant No. 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. A Bureau of Justice Assistance Monograph. The CI is assigned a CI number and agrees to provide information about your case to the police. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. All these only go to reinforce stereotypes. 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. "Are you kidding me? The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. "I believe in some kind of justice, and I think I was doing something good," he said. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. 0000017403 00000 n ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . I had to go to the restroom and throw up. 913, though most called him by the nickname Lalo. "It just made me sick," he says. Our son was distraught and frightened and Matt was very reassuring and supportive. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. "And you have to act like a criminal.". and Raul Loya Confidential informants people who pose. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 0000001889 00000 n Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. It depends. Lawyers from our extensive network are ready to answer your question. "I had to go to the restroom and throw up. 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. 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. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Courtesy Raul Loya For now, he said, jail is better than the fate he faces in Mexico. It hit me like cold water in the face; it just feels terrible. I would recommend Justin without reservation to anyone seeking representation. Anyone considering being a CI should first talk to a criminal defense attorney. confidential relationship is or should be formed by use of the site. Penalties for Drug Possession Charges as a Minor. He also tried to get Congress to investigate, but that went nowhere. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). You will not be able to notice the marks. In any case, the outcome will most likely benefit you as the defendant. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Courtesy Texas DMV, U.S. D.O.J. "I don't know if they are going to keep me here for the rest of my life," he said. 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. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The Client Review Rating score is determined through the aggregation of validated responses. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team.
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