Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. 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. The government could decide to charge someone who does that with obstruction of justice, among other things. Visit https://www.gustitislaw.com for more information about inform. 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. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. This website is for general informational purposes only. Believe it or not it is legal for law enforcement to pay a government snitch! 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. This decision can affect you and others for the rest of your life. Courtesy Texas DMV, U.S. D.O.J. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. he says. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 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. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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 may do controlled buys. This means that the CI will have an agreement with the police. Jeralyn Elise Merritt (Unclaimed Profile). The Client Review Rating score is determined through the aggregation of validated responses. Matt was available throughout the process for consultations with both my son and his parents. And Lalo was with them. There are legal defenses available to you. 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. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. His handlers did well, too. Every day that passes is another day that the prosecutors office is working to secure your guilt. Lalo wasn't looking to make a deal. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Contact Susan Williams today for a free consultation. 0000000576 00000 n . Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. The identity of the CI can be necessary to a Defendants defense in their criminal case. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 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. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Distinguished: An excellent rating for a lawyer with some experience. The high court held that reliance on informant testimony implicates . And gaining a better understanding of what motivates people takes time. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 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. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. In this hour of need and when this medical pro Mat was such a relief to our family! Bencomo was the only one fired as a result of the Lalo fiasco. The CI may be charged with a serious drug (or other) criminal offense. So where are we going to find any help if we can't trust the U.S.? "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". The monograph is organized around the confidential informant's employment . Is a Confidential Informant Truthful? Highlight information that would indicate their dishonesty or bias. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. The most common way to become an FBI informant is to be approached by the FBI. The memo stated that those rules would be part of a new policy handbook. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Informants. So how can a court find a CI's testimony to be credible? A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Those are . 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". The Drug Enforcement Administration blacklisted him. 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 . He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The information provided on this site is not legal We will review the facts surrounding your unique case and provide you with honest answers. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Both federal and state law enforcement officers use confidential informants. In any case, the outcome will most likely benefit you as the defendant. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. 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. 129 0 obj <> endobj 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. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. However, this does not have to be the case. To the U.S. government, he was officially informant No. In the end the police are working for the government and you are left holding the bag. However, this does not have to be the case. I took the recording and I told my supervisor that I didn't wish to be part of the case. Meeting with a lawyer can help you understand your options and how to best protect your rights. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Contact us. Here in Mexico, there is no justice, only impunity. Supplemental Terms. hide caption. 0000001540 00000 n Answer (1 of 5): The first thing you need to do is know your enemy. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. Lawyers from our extensive network are ready to answer your question. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. However, you need a tireless defense team fighting on your behalf. 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. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. Choosing the right attorney can be the most important step youll ever take. Understanding motive and motivation. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Copyright 2023 MH Sub I, LLC dba Internet Brands. "I was shocked. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. Eventually, a dozen bodies were unearthed at the site. 0 Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. "He would say, 'We're going to have a barbecue.' Mathew did an amazing job in court. "I had to go to the restroom and throw up. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Some informants have personalities that make them difficult to manage. It is possible to beat drug trafficking charges. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. 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? Raul Bencomo, then an agent with U.S. Customs, assigned code No. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. AV Preeminent: The highest peer rating standard. The amount of a drug for which trafficking charges are applicable varies depending on the substance. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Mathew is really eloquent and smart. A few other articles found on the internet will give an expanded version of that list. How Do You Beat a Drug Trafficking Charge in Florida? There may be cameras in the location that the deal takes place. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. The killings in Juarez took place more than six years ago. Being a convicted felon means that the criminal offense will always show up on a background check and you may find it difficult to find housing or employment in the future. The content of the responses is entirely from reviewers. 0000032339 00000 n Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. "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.". Confidential informants arent the same as anonymous sources or tipsters. An exchange for leniency in the charges against the informant generally occurs in these situations. ) or https:// means youve safely connected to the .gov website. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Stay up-to-date with how the law affects your life. "It just made me sick," he says. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. This is something that can be used to impeach him when he testifies. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. for the objects of police raids if things go awry. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. abstract. The CI may be required to testify in a trial of the person they are snitching on. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Secondly, know all the versions of the s. Eventually, a dozen bodies were unearthed at the site. 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. and Raul Loya Confidential informants people who pose. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. The government does not have the resources or time to do this. Yes, a felon can be an informant. Your access of/to and use You impeach them on the stand, which discredits the evidence, information, and testimony they give. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. There are several ways to become an FBI informant. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. A common myth that is absolutely not true is that confidential informants do not testify in trials. Police and prosecutors generally want to keep the identity of their CI a secret. I would recommend Justin without reservation to anyone seeking representation. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. In my mind, he was given a license to kill. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. about FindLaws newsletters, including our terms of use and privacy policy. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. "Are you kidding me? This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. 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. 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. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Law enforcement will often corroborate a CI's information with consistent observations by officers. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. It's also the least painful and expensive. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 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. You can receive an entirely free case evaluation with absolutely no obligation. The majority of informants are those working off . But during our interview, ICE said that handbook still isn't finished. The pros and cons of being a confidential informant. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. He also tried to get Congress to investigate, but that went nowhere. Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. To the U.S. government, he was officially informant No. This site is protected by **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. 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. Guadalupe Juarez/AFP/Getty Images This is the first time that Bencomo has talked publicly.