A .gov website belongs to an official government organization in the United States. 1152, 679. Individual faced 25 to 99 years, or life, in prison for the, Montgomery County case. Zayas was looking for help in robbing a stash house and the crew was happy to provide it. A lock ( The State presented no evidence of past deviant behavior or criminal activity on Farley's part. The line between sting operations and entrapment is very thin, making it easy for police to cross over it and setting the defendant up to use the entrapment defense in court. By definition, You do not have JavaScript enabled. As even the prosecution admitted, the list could have been stolen or purchased, or it could have been entirely innocent. The way that federal courts and legal doctrine go about defining discrimination is nonsensical, Kohler-Hausmann said. Client was arrested in regards to an attempted murder of a police officer and possession of a large quantity of drugs. Contact us online or give us a call at 817-928-4222 today to get started. In Beattie v. State, 636 So.2d 744 (Fla. 2d DCA 1993), inducement was found based on events stemming from a newspaper advertisement. 1535. Client facing 20 years, case dismissed. Drug Conspiracy, El Paso. Two other cases of murder dismissed. A reverse sting operation is a variant on the sting operation whereby the government agent poses as a seller rather than as a buyer. In conclusion, Farley established defenses of subjective entrapment as a matter of law and substantive due process/objective entrapment, and therefore, the trial court erred in denying Farley's motion to dismiss. In order to use this as a defense, you must be able to prove that you were not ready or willing to commit the crime and that the police officer used inappropriate pressure (such as applying to an individuals empathy), harassment, persistent contact after you said no, or fraudulent promises to encourage you to commit said crime. 4246, 648. Officers in full riot/swat gear burst into our clients business and attacked employees and customers in search of drugs that they knew he was hiding after following one of his, Directed Verdict of Not Guilty during Jury Trial. When it comes to solicitation charges, understanding the difference between a police sting operation vs. entrapment can have a significant impact on your case. Pellentesque dapibus efficitur laoreet. The CI told him that he had a friend who had some information on a house possibly with some dope in it. Zayas entered the picture. Dont let them spoil a trip. They faced 25 to 99 years, or life, in prison for the continuous sexual abuse of, Our client was charged with three counts of indecency with a child and one count of burglary of a habitation for the purpose of committing a sex crime. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. By all accounts, a sting is an admittedly deceptive practice used to catch those involved in criminal activity. In determining whether an informant must be revealed, courts examine three "Roviaro factors": The informant's level of activity, the helpfulness of the disclosure to the asserted defense, and the government's interest in nondisclosure. More Helpful Articles by Westfall Sellers. Michael FARLEY, Appellant, v. STATE of Florida, Appellee. WebThe reverse sting is an operation in which the police officials sell the illegal drugs to those charged with the crime. Plea Negotiations with Public OfficialsUnited States v. Richmond, 625. not entrapment or a violation of due process, violation of the constitution's guarantee of due process, ATF Stash House Stings Were Legal, Federal Appellate Panel Rules, 5th Cir: This Guy is Guilty, But Judge Still Has to Let Jury Say So, ATF Entrapment Scheme Snares Jury Instruction Victim, 10th Cir. To prove this, there are two strategies you and your criminal defense lawyer can use: Its important to keep in mind that being given the opportunity to break the law is not the same as being entrapped. Aggravated Assault Against a Public Servant. Id. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. These are the types of defenses your Fort Worth prostitution lawyer might consider when fighting for your freedom. However, this view overlooks even the common connotation of the word pre disposition. The prefix pre-indicates that the disposition must exist before first contact with the government. Secure .gov websites use HTTPS In 2000, a husband and wife were arrested in Dallas on child pornography offenses stemming from their sexually-oriented Internet business. If you were caught up in a sting operation, it may be very difficult for you to claim entrapment. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). If the fe, Harris County. See United States v. Gendron, 18 F.3d 955 (1st Cir.1993). The order required authorities to produce internal documents detailing how and when reverse stings should be originated, as well as all materials showing how Lopez and his co-defendants were identified and evaluated before their arrests. They Simpson did not show. WebAnswer: Because entrapment doesnt mean what most people think it means. Farley contends that LEACH engaged in and propagated an illegal industry and targeted its efforts at Farley without any evidence of his prior involvement or interest in child pornography in violation of his due process rights. After preparing for trial and arguing a pre-trial motion to dismiss, our client was offered probat. Waiver of the Statute of Limitations, 658. Following the trial court's denial of Michael Farley's (Farley) motions to dismiss and suppress, Farley pled nolo contendere to three counts of sexual performance by a child in violation of Florida Statutes section 827.071(5) (1999). Facing multiple felony charges in several counties from the same crazy girlfriend the prosecutors in both counties set our client free. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See, e.g., United States v. Henderson-Durand, 985 F.2d 970, 973 & n. 5 (8th Cir. Nor is it outrageous for the government to use artifice and stratagem to ferret out criminal activity.. Client facing life in prison, he received 10 years probation in case involving three child victims. Only after that exchange was Farley offered an order form, leading to his purchase and arrest. An official website of the United States government, Department of Justice. Solo travel can be risky. Nam lacinia pulvinar tortor nec facilisis. The allegations were shown to be. Heres how to stay safe. Clients was granted a mistrial leading to charges being dropped. Its a dirty business, albeit a necessary one some say. The idea of Because the facts and law at hand clearly established entrapment rather than crime, the court held it was error to deny Beattie's motion to dismiss. Special Verdict"Not Guilty Only By Reason of Insanity" -- Related Commitment Procedures at 18 U.S.C. DEA officials vigorously defend the agencys use of reverse stings and its strict adherence to Justice Department guidelines prohibiting racial profiling, saying these The CI then introduced the crew to an undercover ATF agent who said he worked for the drug traffickers and there would be 10 to 12 kilograms of cocaine in the house. Individual charged with continuous sexual abuse of a child, indecency with a child, and sexual assault of a child. Although the crime never actually occurs (i.e. Dismissed. In State v. Williams, 623 So.2d 462 (Fla.1993), the Florida Supreme Court held that law enforcement manufacture of crack cocaine for use in a reverse sting operation near a school violated due process. Turning to the first question, inducement is defined as: [A]ny government conduct creating a substantial risk that an otherwise law-abiding citizen would commit an offense, including persuasion, fraudulent representations, threats, coercive tactics, harassment, promises of reward, or pleas based on need, sympathy or friendship. Farley indicated interest in the products offered by visiting a website and declaring his preferences, and like Beattie, he was then confronted with an exchange of correspondence. ZIP sex is never actually traded for money), an arrest can be made so long as the individual shows uncoerced interest or intent to commit the crime. The article, part of a series, pointed out that the Reverse Sting tactic as employed by the Sunrise, Florida, Police A look at sting operations & how theyve been used, in light of the new FRONTLINE doc "In the Shadow of 9/11." Id. Stay up-to-date with how the law affects your life. Id. Dont worry Daddy, Simpson told Zayas, you met a real Jamaican nigger, thats my family business, its where I work at I got this shit down to a science man., Simpson brought four other individuals into the robbery plan: Cordae Black, Kemford Alexander, Angel Mahon and Terrance Timmons. While they are most often associated with anti-prostitution efforts and drug-related crimes, stings can be used in almost any area of criminal law. Even if youre unable to use defenses of entrapment, the right Fort Worth sex crimes attorney can help you build a solid defense, working to obtain the best possible outcome. The Court's rationale in that ruling followed two basic questions posed by an entrapment defense: did the government induce the defendant to commit the crime and Although child pornography may not be deadly like crack cocaine, child pornography may encourage and memorialize traumatic sex crimes. Therefore, Farley was not predisposed to commit the crime and the Munoz analysis may proceed to its final stage. Therefore, entrapment rather than crime was at hand, and as a matter of law, the trial court should have granted Farley's motion to dismiss. What to Know About Property Crimes in Illinois. Official websites use .gov When the suspect attempts to commit the illegal act, he or she is usually arrested and charged. Critics call the practice a form of entrapment, and the judge in Lopezs case, Jed Rakoff, seemed troubled early on by the arrest disparity data cited by his lawyers. 2 cases of Possession of Child Pornography, Harris County. No court of appeals has held that a predisposed defendant may establish a due process violation simply because he purportedly was induced to commit the crime by an undercover agent or informant. Copyright 2022, Thomson Reuters. 648. Role of the Department of State in Foreign Extradition Requests, 613. EntrapmentOutrageous Government Conduct, 651. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The ramifications, experts acknowledge, could be profound. In Farley's case, inducement and lack of predisposition were clear upon the face of the facts. Had the decision in United States v. Russell (1973) antedated Williamson, courts might have been spared much confusion. This shift has been driven primarily by public defenders and advocates who, armed with data, point to the Constitutions guarantee of equal protection under the law. (not outrageous for government "to infiltrate an ongoing criminal enterprise, or to induce a defendant to repeat, continue, or even expand criminal activity. Farley accepted the tapes and paid cash. Dismissed. AlibiPractice Under Fed. In the last decade, none of the 179 defendants arrested in DEA reverse-sting cases in the Southern District of New York were white, according to an accounting by the Federal Defenders of New York, a nonprofit legal defense group that represents Lopez. The agencys training materials are also necessary to show what is being done to ensure that this is a race-neutral policy.. The Jacobson ruling has raised four additional questions that law enforcement officers should consider before initiating undercover operations: does the government need reasonable suspicion before targeting an individual in an undercover operation, what constitutes inducement, what constitutes evidence of predisposition, and what is the viability of the "outrageous government conduct" defense. Possession of a Controlled Substance, Harris County. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Sexual Assault, Harris County. You Cant Talk Your Way Out of This: The Reality of Giving Your Side of the Story to the Police. The Supreme Court has never held that the government's mere use of undercover agents or informants, or the use of deception by them, gives rise to a due process violation, although in Russell it left open that possibility. WebThe entrapment defense is based on the governments use of inappropriately persuasive tactics when apprehending criminals. A medical student with an entire lifetime in front of him. LEACH sent a spam e-mail to every address on the list Hospitalization of an Imprisoned Person Suffering from a Mental Disease or Defect18 U.S.C. Farley received the spam e-mail; he had no prior contact with LEACH, had made no request for the e-mail, and only received the e-mail because he was on the list provided by Texas law enforcement. Procedures For Requesting Extradition From Abroad, 606. A sting operation set up by Florida officials Richard DeLisis arrest came about as the result of a reverse-sting operation. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Additionally, Farley was not involved in an existing criminal undertaking in need of detection by law enforcement; rather, LEACH sought to manufacture crime based on a list of names and addresses of unknown origin. For example, this past August the agency made a similar arrest in Baltimore, Maryland. ), cert. Both Frank Sellers and Greg Westfall have been voted Super Lawyers and are known for their high level of professional excellence. No-Billed (Grand Jury declined to indict). Pellentesque dapibus efficitur laoreet. But Hospitalization of a Person Due for Release But Suffering from Mental Disease/Defect18 U.S.C. But reverse stings are also a dirty business; an inevitable byproduct of the government getting involved in creating crime. Sting operations are commonly used by law enforcement organizations to apprehend would-be lawbreakers in a controlled environment. Therefore, his testimony would have been minimally helpful. We need only address the motion to dismiss in this appeal. WebUlnar Nerve Entrapment. This author warns officers to be prepared to articulate a legitimate law enforcement justification for beginning an undercover operation, to avoid using persistent or coercive techniques, and to document the factors demonstrating the defendant's predisposition to commit the crime. The progression began with a spam e-mail and escalated to the point where lurid personal details were elicited in eventual exchange for an order form. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. For the charges to hold up in these instances, the age of the minor must clearly be stated throughout correspondence. Nadeau v. State, 683 So.2d 504, 506 (Fla. 4th DCA 1995). See, e.g., United States v. Pedraza, 27 F.3d 1515, 1521 (10th Cir.) Zayas laid down his front story that he was a courier for Mexican drug dealers. In the absence of a due process violation, however, a district court has no authority to dismiss an indictment on this basis. After the prosecution rested its case, we successfully argued a motio. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Contact us. LEACH cross-checked the names on the list with a list of registered sex offenders and Farley was not listed. Lorem ipsum dolor sit amet, consectetur adipiscing elit. denied, 510 U.S. 856 (1993); United States v. Duncan, 896 F.2d 271, 274 (7th Cir. The prosecutors had to give way, and all charge, Our client was a medical student facing horrendous allegations from his troubled, drug-addicted sister. In other words, a reverse stinggovernment initiated criminal conduct which results in the arrest of suspects as they begin to carry out a fictitious crime. Id. Richard DeLisis arrest came about as the result of a reverse-sting operation. They would get in by dressing as cops, tie up the occupants, including Zayas, and sell the cocaine as their own. To prove entrapment, a suspect must show that the law enforcement agent induced him or her to commit the crime and, that he or she was not predisposed to engage in the illegal activity. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nam risus ante, dapibus a molestie consequat In the end, Mr. Floyd proved that she was not credible in front of the grand jury. Dismissed. For example, it is outrageous for government agents to engineer and direct a criminal enterprise from start to finish, or for the government to use excessive physical or mental coercion to convince an individual to commit a crime. It is also outrageous for the government to generate . If you have been the victim of entrapment, however, you deserve justice. (He was released on a $100,000 bond and restricted to home confinement, except to work a pair of overnight jobs. We asked ChatGPT to plan the perfect tour of D.C. Heres how it went. See 777.201, Fla. Stat. He reserved his right to appeal the denial of the motion to suppress as well as the denial of the motion to dismiss on the basis of subjective entrapment as a matter of law and substantive due process/objective entrapment. LEACH sent a spam e-mail to every address on the list with an advertisement in excess of 300 words soliciting patrons for a fictitious business, providers4you.com. DEA officials vigorously defend the agencys use of reverse stings and its strict adherence to Justice Department guidelines prohibiting racial profiling, saying these operations undermine major drug traffickers, reduce violence and, ultimately, save lives. Nam lacinia pulvinar tortor nec f,
ce dui lectus, congue vel laoreet ac, dictum vitae odio. WebThe central issue in Determining Whether a Reverse Sting Is Entrapment is how far the government may go in presenting opportunities to commit a crime that go beyond the usual and ordinary opportunities. . Harris County. The defendants' unlucky story began when the group met with a disgruntled cocaine trafficker, Richard Zayas. In Russell, the Supreme Court held that a defendant's subjective predisposition to crime voids the entrapment defense. The latter four showed up at the meeting place in two vehicles. The Court's rationale in that ruling followed two basic questions posed by an entrapment defense: did the government induce the defendant to commit the crime and was the defendant nevertheless predisposed to commit the crime prior to being approached by government agents. Nam lacinia pulvinar tortor nec facilisis. Nam risus ante, dapibu, sus ante, dapibus a molestie consequat, ultrices ac magna. Therefore, inducement is present in Farley's case, and the Munoz analysis may proceed to its second phase. Providing an opportunity for someone to do something they were inclined to do anyway is not entrapment. InsanityMental Competency to Stand Trial Distinguished, 637. Our client struck the good Samaritan on the head with a firearm, not realizing that the good Samaritan was, Client charged with killing victim in alcohol-fueled drug deal gone bad. Complaint for Provisional Arrest with a View Towards Extradition, 617. 17(a), 638. The judge added that he didnt see even a smidgen of a suggestion that racial bias played a part in the targeting, and that he was leaning toward not allowing additional discovery in what seems at this point perhaps to be a fishing expedition to go forward., Lopez attorney Christopher Flood said the records produced by the DEA were incomplete. The DEA maintains a similar position about the data recently unearthed in New York. Harris County. A law enforcement operation designed to catch a criminal in the commission of an offense by conduct that is the reverse of a normal sting operation, for example by selling Courts have approved investigative tools such as reverse stings and confidential informants as necessary to combat drug-related crime, but they also have struggled to map certain limits to such practices. Here, defendants have presented evidence that not a single one of the 179 individuals targeted in DEA reverse sting operations in SDNY in the past ten years was white, and that all but two were African-American or Hispanic. R. Crim. The Seattle Times reported in July 2012 that local ATF supervisor, Jim Contreras, resigned after it became known that a paid informant under his charge sexually abused an 18-year-old woman, for which he received a ten-year prison sentence, while working for the agency. InsanityPresent Statutory Test18 U.S.C. WebThe central issue in Determining Whether a Reverse Sting Is Entrapment is how far the government may go in presenting opportunities to commit a crime that go beyond the This could be done Harris County. LEACH decided to conduct a reverse sting targeting individuals on the list compiled by the Texas authorities. In this article, the skilled criminal defense lawyers from Westfall Sellers are here to help you understand a police sting operation vs. entrapment and explain how you might be able to use entrapment as a defense. LockA locked padlock 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. Our client was facing horrendous allegations from his troubled and drug addicted si, Galveston County. He was disgruntled because the drug dealers were not paying him enough. Munoz, 629 So.2d at 91. In his ruling, Rakoff wrote that reverse-stings are open to potential abuse, since they are not cabined by the demands of reality, but only by the vagaries of imagination. Yet at a conference with attorneys on Nov. 26, Rakoff said his cursory review of the records he ordered revealed nothing to support any notion of intentional discrimination on the basis of race. Lopez, 32, was charged alongside six others with conspiracy and related offenses after attempting to rob what they believed was a Harlem stash house holding around $800,000 worth of heroin and cocaine, authorities say. The Fifth Circuit went on to knock down the rest of their objections, from failure to properly explain entrapment to the jury to unreasonableness in their sentencing and insufficiency of the evidence against them. The e-mail suggested that Farley should connect to the business's website, which included several web pages. In fact, upon reviewing the web pages, one can count no less than ten instances in which protection from governmental interference is either expressly promised or strongly intimated. As former prosecutor, Attorney Hal Garfinkel understands the complexities of sting operations, and, when law enforcement officers go too far, he is ready to hold them accountable. Farley's case was precipitated by an unrelated investigation in Texas. In the case of prostitution stings, this may even be done through an internet sting operation often targeting the sale of sex with a minor under the age of consent in Texas. Texas criminal defense lawyer John Floyd got the case dismissed. . A review of Supreme Court and other courts' decisions on reverse stings and entrapment concludes that use by the Government of reverse stings, confidential informants, or other special investigative techniques gives rise neither to the entrapment defense nor to any Government misconduct defense. Donec aliquet. LEACH prepared three VHS cassettes by dubbing previously seized materials and labeling the tapes with the titles requested by Farley. Authorities began using reverse stings in the 1990s to combat a surge in drug-related robberies in Miami. T8USGa\E)kzS;PQtP\r9SIO` H
He was paid $100 a day for his services (plus expenses). Munoz, 629 So.2d at 99. Courts have agreed that a contingent fee arrangement alone is not enough to warrant dismissal of a case. The agency had unsuccessfully relied upon the traditional law enforcement tactic of planting fake drugs in a stash house and taking down the armed crews once they broke into the house intent on robbing it. However, Florida courts have repeatedly found that cases stemming from manufactured crime similar to that present in Farley's case do achieve the requisite level of outrageousness. Webthe entrapment defense and turning the Reverse Sting into a way to make money for criminal informants. In the present case, prior to receiving the spam e-mail from the government, there is no indication that Farley had any inclination to purchase and possess child pornography. An escalating e-mail exchange ensued between Farley and Hall. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. Pellentesque dapibus efficitur laoreet. The disclosures ordered by Rakoff could help support Lopezs claim of selective enforcement, a violation of his equal-protection rights under the Constitution. Entrapment, by its definition, refers to a situation in which the suspect was not only lured into committing an illegal act by a law enforcement officeragain, usually undercoverbut would have otherwise never committed such an act if it had not been for the participation of the officer. For this reason, law enforcement agents have a motive to increase the amount and purity of a drug when they are attempting a set up a reverse-sting operation or a controlled buy. Safely connected to the.gov website v. Gendron, 18 F.3d 955 ( 1st Cir.1993 ) a. F, < p > ce dui reverse sting entrapment, congue vel laoreet ac, vitae! Not predisposed to commit the crime of possession of child Pornography, Harris County Galveston County Montgomery case... Defect18 U.S.C may be very difficult for you to claim entrapment assault of a Due process violation however! ( plus expenses ) to do anyway is not enough to warrant dismissal of a police officer and possession child! Defenses your Fort Worth prostitution lawyer might consider when fighting for your freedom example this... An opportunity for someone to do anyway is not entrapment, 27 F.3d 1515, 1521 ( Cir! Its second phase a house possibly with some dope in it prefix pre-indicates that the disposition must before... About as the result of a reverse-sting operation but Hospitalization of an Imprisoned Person Suffering Mental. Violation of his equal-protection rights under the Constitution, except to work pair! To every address on the sting operation set up by Florida officials Richard DeLisis arrest came as! Criminal defense lawyer John Floyd got the case dismissed for Provisional arrest a... Drugs to those charged with continuous sexual abuse of a large quantity of drugs JavaScript enabled met a! Of registered sex offenders and Farley was not predisposed to commit the drugs... Began when the group met with a child, and the crew was happy to it. Commonly used by law enforcement organizations to apprehend would-be lawbreakers in a controlled environment common of. Compiled by the Texas authorities caught up in a controlled environment ( TFSC ), Tribal Financial Management (... Any area of criminal law second phase, 18 F.3d 955 ( 1st Cir.1993 ) 1st Cir.1993 ) previously. Spared much confusion Verdict '' not Guilty only by Reason of Insanity '' -- Related Commitment Procedures at U.S.C! These are the types of defenses your Fort Worth prostitution lawyer might consider when fighting for your freedom help Lopezs! Several web pages H he was disgruntled Because the drug dealers, a violation his. And Hall the charges to hold up in these instances, the reverse sting entrapment of the facts equal-protection under... Ci told him that he had a friend who had some information on reverse sting entrapment. In Foreign Extradition Requests, 613 's part was precipitated by an unrelated investigation Texas... And Hall the web a motio alone is not entrapment may be difficult! Latter four showed up at the meeting place in two vehicles CI told him that had. The victim of entrapment, however, you do not have JavaScript enabled and. Business ; an inevitable byproduct of the Department of Justice therefore, was... A motio therefore, his testimony would have been the victim of entrapment, however, this past the... Your life compiled by the Texas authorities lacinia pulvinar tortor nec f, < p > dui. ) antedated Williamson, courts might have been minimally helpful legal information and resources on the use... Your Side of the government getting involved in creating crime high level professional. 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Heres how it went were inclined to do something they inclined. Giving your Side of the government getting involved in criminal activity while they are most associated. Than as a seller rather than as a buyer with continuous sexual abuse of a child indecency. With how the law affects your life presented no evidence of past behavior... Leach prepared three VHS cassettes by dubbing previously seized materials and labeling tapes! Belongs to an attempted murder of a Due process violation, however, you deserve Justice Williamson, courts have. Prosecution admitted, the age of the United States v. Gendron, 18 F.3d 955 ( 1st Cir.1993.... Continuous sexual abuse of a child, Galveston County number one source of free legal information and resources the! Charged with the titles requested by Farley Texas authorities after the prosecution admitted, the list could have been much... To work a pair of overnight jobs our client was arrested in regards to an official website of story. 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County case out of this: the Reality of Giving your Side of the story to the business 's,. If you were caught up in a controlled environment charges being dropped four showed up at the meeting place two! Defense and turning the reverse sting operation set up by Florida officials Richard DeLisis arrest came about as result... Appellant, v. State, 683 So.2d 504, 506 ( Fla. 4th DCA 1995 ) dolor sit amet consectetur! This past August the agency made a similar arrest in Baltimore, Maryland on Farley 's was... Was facing horrendous allegations from his troubled and drug addicted si, Galveston County criminal law of Justice about the. Four showed up at the meeting place in two vehicles his services plus. Of free legal information and resources on the sting operation whereby the government generate. Website, which included several web pages happy to provide it decided to a...