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He explained to my husband and I what my son was facing. 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 government does not have the resources or time to do this. "I was shocked. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. 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. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. abstract. reCAPTCHA and the Google Privacy Policy and For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. The CI is searched before and after the deal by the police. Do not allow any of these things to happen to you. 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 . Choosing the right attorney can be the most important step youll ever take. This is the first time that Bencomo has talked publicly. With every new body, the smell would hit us it was horrible. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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 . Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. In my mind, he was given a license to kill. A few other articles found on the internet will give an expanded version of that list. This site is protected by 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. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. 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 killings in Juarez took place more than six years ago. He is the best !! Sign up. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. But in either language, his story is the same. 2. The CI may be charged with a serious drug (or other) criminal offense. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. It just made me sick. Informants. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Highlight information that would indicate their dishonesty or bias. It can also be risky for the prosecution if they must give the CIs identity to the defense later. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Confidentiality is what makes the informant valuable. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Exculpatory evidence is evidence that could clear the defendant of guilt. This is very wrong and a misconception. The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. 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. 6. 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. "I really was doing something good," he said. 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. And the CI must answer the question truthfully or else possibly face sanctions in court. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 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. 0000000884 00000 n I couldn't believe it," says the DEA's Sandalio Gonzalez. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. [It is only available to law enforcement.]. 3. Terms of Service apply. A Bureau of Justice Assistance Monograph. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Saying they have a CI may be a cover for ill-gotten evidence and information. 0 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. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. The pros and cons of being a confidential informant. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. The police have the upper hand on CIs. 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. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. 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. The true identity of a confidential informant should be strictly limited to an identified number of people. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. And Lalo was with them. 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. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. 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. To the U.S. government, he was officially informant No. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. There are two opportunities to find out the identity of a confidential informant: before and during trial. Login. 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. The high court held that reliance on informant testimony implicates . Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Anyone considering being a CI should first talk to a criminal defense attorney. The CI may be required to testify in a trial of the person they are snitching on. Details for individual reviews received before 2009 are not displayed. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Law enforcement will often corroborate a CI's information with consistent observations by officers. Lalo said his actions were necessary to maintain his cover. 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? 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.