startxref 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. These guys are El Paso's version of the Keystone Kops," Loya says. 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. "I really was doing something good," he said. Yes, a felon can be an informant. Informants. hide caption. 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. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. It all depends on the facts of your case. "And you have to act like a criminal.". Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. 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. Secondly, know all the versions of the s. How Can Mitigation Help Get Me The Lowest Possible Sentence? 0000018883 00000 n If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Here in Mexico, there is no justice, only impunity," Magana says. 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. In general, the Government goes to great lengths to not reveal the identity of snitches. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. But he had his reasons for informing on the drug gang. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. You order drugs from the CI. But in Lalo's case, he says, rogue agents didn't properly follow them. 0000001712 00000 n In this hour of need and when this medical pro Mat was such a relief to our family! Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Those are . Timeline: An ICE Informant Run Amok Or Mishandled? ZIP This is a common issue people face when working as CIs. A. 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. To the U.S. government, he was officially informant No. Criminal Defense Attorney in Philadelphia. A few other articles found on the internet will give an expanded version of that list. in the former, a crime is reported to the police and an investigation is initiated; in the latter . You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. 129 0 obj <> endobj If youre worried about how to beat a confidential informant, let the, represent you. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. xref Matt was available throughout the process for consultations with both my son and his parents. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. Bencomo says the agents were told that Santillan was the No. 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. Yes, in some circumstances the police will pay a person to be a CI. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Then, at trial, the Government calls the . The police can use information gained from the CI about you that the Government can use when prosecuting your case. Even with the promise of payment, the decision to become a CI is very dangerous. A .gov website belongs to an official government organization in the United States. Contact Susan Williams today for a free consultation. For a free legal consultation, call 215.515.3360. This is the first time that Bencomo has talked publicly. ICE says it learned some lessons dealing with Lalo. This field is for validation purposes and should be left unchanged. Here in Mexico, there is no justice, only impunity. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. But that is the sobering truth of being a CI. In any case, the outcome will most likely benefit you as the defendant. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Your access of/to and use 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. 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. It is not like the old school movies where you can see a wire taped under someones shirt. Thus, a court needs some basis for a CI's allegations. The majority of informants are those working off their own cases. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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? 0000017958 00000 n The majority of informants are those working off . Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. 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 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. 2. A responsive, knowledgeable and skilled attorney. Possess or use a dangerous drug. But during our interview, ICE said that handbook still isn't finished. Can a felon be a confidential informant? We will review the facts surrounding your unique case and provide you with honest answers. Gonzalez lodged a complaint against ICE. He says Lalo was the keeper of the keys. 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. about FindLaws newsletters, including our terms of use and privacy policy. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. The CI will contact you or maybe you contact the CI. It's also the least painful and expensive. No, the identity of informants are not public record. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 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. ICE says the fault lies with former agent Bencomo, Lalo's handler. Anyone considering being a CI should first talk to a criminal defense attorney. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. for the objects of police raids if things go awry. 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. 0000001273 00000 n You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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. It is possible to beat drug trafficking charges. 129 14 All rights reserved. Drug smuggling turned out to be the least of Lalo's exploits. Martindale-Hubbell validates that a reviewer is a person with a valid email address. 3 man in the Juarez cartel. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. "There were these code words that the bosses would say to Lalo," Huerta says. This story was produced for broadcast by Marisa Penaloza. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The reason for this is the police use the CI to gain probable cause for your arrest. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Law enforcement will often corroborate a CI's information with consistent observations by officers. 5. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . His sincerity, empathy and commitment to advocating on my behalf were apparent. My reservations were quickly eased during my initial consultation. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Identities should be stored in a system with the highest level of security and with Role Based Access Control. The best way to beat the system and stay out of prison is don't break the law. Stay up-to-date with how the law affects your life. Some people have heard of the witness protection program in movies or TV shows. "So where are we going to find any help if we can't trust the U.S.?". 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. The Client Review Rating score is determined through the aggregation of validated responses. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 0000032339 00000 n There are two opportunities to find out the identity of a confidential informant: before and during trial. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court.

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