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. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. It's also the least painful and expensive. Police and prosecutors generally want to keep the identity of their CI a secret. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Yes, a felon can be an informant. 0000001273 00000 n A Bureau of Justice Assistance Monograph. The reason for this is the police use the CI to gain probable cause for your arrest. An attorney may help you weigh your options. This field is for validation purposes and should be left unchanged. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. Guadalupe Juarez/AFP/Getty Images "In my mind, he was given a license to kill.". The Drug Enforcement Administration blacklisted him. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. He also helped crack a major international cigarette smuggling ring. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. A still from a video in which Lalo talks about his case. 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. These guys are El Paso's version of the Keystone Kops," Loya says. 5 Factors Courts Will Consider. Understanding an informants motives for providing information is fundamental to managing them effectively. . Understanding motive and motivation. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. The purpose of the ruling is to establish an informant . 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. 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. The majority of informants are those working off their own cases. Contact us. 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. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. It is possible to beat drug trafficking charges. 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. 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. Thus, a court needs some basis for a CI's allegations. Copyright 2022, Thomson Reuters. Can a felon be a confidential informant? "I don't know if they are going to keep me here for the rest of my life," he said. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Stay up-to-date with how the law affects your life. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Courtesy Texas DMV, U.S. D.O.J. For now, he said, jail is better than the fate he faces in Mexico. Martindale-Hubbell validates that a reviewer is a person with a valid email address. How Much Jail Time for Felony Grand Theft? Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? A lock ( 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. This video explains the risks and benefits of working as a police confidential informant. Yes, a felon can be an informant. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. about FindLaws newsletters, including our terms of use and privacy policy. "I had to go to the restroom and throw up. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Do not wait to start working on your defense. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. You deserve the same chance at having an excellent legal defense. Once the case was done, ICE was also done with Lalo. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Here in Mexico, there is no justice, only impunity. Eventually, a dozen bodies were unearthed at the site. 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. And he didn't need the money he was already making plenty in Juarez's drug trade. hide caption. We will review the facts surrounding your unique case and provide you with honest answers. There may be cameras in the location that the deal takes place. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. It can also be risky for the prosecution if they must give the CIs identity to the defense later. hide caption. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. reCAPTCHA and the Google Privacy Policy and Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. "We stayed there all night and watched as they pulled out bodies," Magana says. Drug smuggling turned out to be the least of Lalo's exploits. 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. The more specific and detailed, the more likely a court is to accept a CI's information. Some people have heard of the witness protection program in movies or TV shows. 0000032339 00000 n If you agree to work with the FBI, you will be . [It is only available to law enforcement.]. The feds paid Lalo well: nearly $250,000 over four years. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. The pros and cons of being a confidential informant. There is no obligation from the Government to protect you the rest of your life because you served as a CI. It has been dubbed the House of Death. 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. Thank you Mathew!! Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Visit https://www.gustitislaw.com for more information about inform. Throughout, he maintained consistent communication each step of the way until my case was resolved. Contact Susan Williams today for a free consultation. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. This website is for general informational purposes only. 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. 0000017403 00000 n Absolutely. The government could decide to charge someone who does that with obstruction of justice, among other things. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. This is the first time that Bencomo has talked publicly. 0000001540 00000 n Answer (1 of 5): The first thing you need to do is know your enemy. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Lawyers from our extensive network are ready to answer your question. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. But in Lalo's case, he says, rogue agents didn't properly follow them. Jeralyn Elise Merritt (Unclaimed Profile). Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. Gonzalez lodged a complaint against ICE. Anyone considering being a CI should first talk to a criminal defense attorney. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Bencomo was the only one fired as a result of the Lalo fiasco. and Raul Loya. LockA locked padlock The CI may be charged with a serious drug (or other) criminal offense. But this is nearly non-existent in state cases and rare, at best, in federal cases. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Possess or use a dangerous drug. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. 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 . %PDF-1.3 % The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. No one. 0000001889 00000 n A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Fabricating a confidential informant can lead to dire consequences. 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. 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 most common way to become an FBI informant is to be approached by the FBI. abstract. 129 0 obj <> endobj 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. Can a REDDI Report Be the Legal Basis for a Traffic Stop? However, this does not have to be the case. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Confidentiality is what makes the informant valuable. The use of informants by police is essentially unregulated by the courts. The content of the responses is entirely from reviewers. Possibly, yes. There must be some legal guarantee that a CI's info is good. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. trailer Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Mathew did an amazing job in court. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". I had to go to the restroom and throw up. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. The CI will contact you or maybe you contact the CI. It is important for law enforcement to protect the credibility of the informant as much as possible. The high court held that reliance on informant testimony implicates . Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. It all depends on the facts of your case. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. "It just made me sick," he says. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. 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. Login. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. All these only go to reinforce stereotypes. 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. 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. Among the victims were two U.S. residents. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. There are legal defenses available to you. code or county). 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. Demonstrate any past instances of false or invalidated evidence or information they have provided. Once I reached out to Matt he was back in touch within the hour. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. 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. All rights reserved.|Disclaimer|Privacy policy. How Do You Beat a Drug Trafficking Charge in Florida? Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Supplemental Terms. And the CI must answer the question truthfully or else possibly face sanctions in court. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. No, the identity of informants are not public record. This site is protected by Distinguished: An excellent rating for a lawyer with some experience. 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. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. But during our interview, ICE said that handbook still isn't finished. 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. Secondly, know all the versions of the s. "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 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. "I was shocked. Being a CI is a very dangerous, risky endeavor. Matt was available throughout the process for consultations with both my son and his parents. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. The crux revolves around the confidential part of the confidential informant. It depends. If you need help defending yourself from these cases, our criminal defense firm can help. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. You will not be able to notice the marks. Penalties for Drug Possession Charges as a Minor. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. All rights reserved. But that is the sobering truth of being a CI. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. The informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. "I believe in some kind of justice, and I think I was doing something good," he said. Call 954-845-0505 any time, day or night, to speak with a member of our team. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. But she did. But it wasn't just the people of Juarez who were outraged. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. The police can use information gained from the CI about you that the Government can use when prosecuting your case. 0000001094 00000 n Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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. ICE says it learned some lessons dealing with Lalo. Details for individual reviews received before 2009 are not displayed. The CI may be working several buy busts before the CIs work is finished with the police. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Sign up. Visit our attorney directory to find a lawyer near you who can help. ICE says the fault lies with former agent Bencomo, Lalo's handler. It is ugly. Learn more "He would say, 'We're going to have a barbecue.' His handlers did well, too. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Informants. The CI knows he/she is working as a snitch, but you do not. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. 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. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. I couldn't believe it," says the DEA's Sandalio Gonzalez. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Contributing to the Delinquency of a Minor. 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. Guadalupe Juarez/AFP/Getty Images A person shall not knowingly: 1. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. for the objects of police raids if things go awry. listings on the site are paid attorney advertisements. This story was produced for broadcast by Marisa Penaloza. Lalo said his actions were necessary to maintain his cover. For a free legal consultation, call 215.515.3360. 0000000576 00000 n Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Confidential informants arent the same as anonymous sources or tipsters. 913, though most called him by the nickname Lalo. 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. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. A simple he-said-she-said backed up with no observations won't be worth much in court. You may feel trapped by serving as a Government informant. of this site is subject to additional A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. "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. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity.