The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. "In my mind, he was given a license to kill.". and Raul Loya 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. 142 0 obj<>stream 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 often comes to light that things may not be as they seem and this can greatly help your defense. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. hide caption. His performance in court was outstanding and gave me a big victory. The CI is searched before and after the deal by the police. 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. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. You cant enforce these agreements or conversations. With every new body, the smell would hit us it was horrible. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. If CIs were public record, it would put their lives in danger and the lives of their loved ones. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. It can also be risky for the prosecution if they must give the CIs identity to the defense later. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. 913, though most called him by the nickname Lalo. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 0000000576 00000 n he really cares and goes beyond 100% to help his clients. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. and Raul Loya Confidential informants people who pose. 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. The problem is that there is no one to police the police. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. However, the above measures are extra insurance for the police, they are not required. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. A person shall not knowingly: 1. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 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. There may be other reasons why the identity of the CI will be revealed. But that is the sobering truth of being a CI. 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. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. 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 . 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 capacity for telling lies is called "mendacity," in case you were wondering.) trailer 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. This video explains the risks and benefits of working as a police confidential informant. The purpose of the ruling is to establish an informant . Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. %%EOF In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Every day that passes is another day that the prosecutors office is working to secure your guilt. The CI may be wearing a wire or recording device. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. That's all I'm doing right now.". Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. The content of the responses is entirely from reviewers. But in Lalo's case, he says, rogue agents didn't properly follow them. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. How Do You Beat a Drug Trafficking Charge in Florida? Put crudely . Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. ZIP A simple he-said-she-said backed up with no observations won't be worth much in court. In all, there were 12 victims. 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. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 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. Jeralyn Elise Merritt (Unclaimed Profile). However, you need a tireless defense team fighting on your behalf. 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. A common myth that is absolutely not true is that confidential informants do not testify in trials. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. Lalo wasn't looking to make a deal. The CI may be charged with a serious drug (or other) criminal offense. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. He also tried to get Congress to investigate, but that went nowhere. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". "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?" How Much Jail Time for Felony Grand Theft? Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. This website is for general informational purposes only. If you agree to work with the FBI, you will be . Matt was available throughout the process for consultations with both my son and his parents. It has been dubbed the House of Death. There are two opportunities to find out the identity of a confidential informant: before and during trial. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. 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. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Matthew and his team made calls and were very persistent. For now, he said, jail is better than the fate he faces in Mexico. My reservations were quickly eased during my initial consultation. What evidence is needed to make a drug bust? 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. A lock ( He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Understanding an informants motives for providing information is fundamental to managing them effectively. Once the case was done, ICE was also done with Lalo. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Former agent Bencomo remembers listening to the tape. The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. The most common way to become an FBI informant is to be approached by the FBI. Active listening for police - a skill for conflict avoidance. 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 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. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court.
