What Is a Valid Defense of Entrapment?
If you have been charged as a criminal defendant, you may have various defenses that you may use against the charges. The Alers Law Firm can fight for your legal rights.
The police are not allowed to push an innocent person into committing a crime. This is called entrapment and it’s illegal. Often in an effort to gain publicity or meet certain quotas, overzealous, law-enforcement agents will trick innocent people into doing things they had no intent to do.
Call the Alers Law Firm immediately if you are facing any criminal charges. Our criminal defense attorneys will take the time to listen to you and learn your case before giving you legal advice that is tailored to your specific situation.
Entrapment Is an Example of Law Enforcement Misconduct
If you have been charged with an offense, your criminal defense attorney will review your case to help you determine whether you have effective defenses. There may even be instances where you have done exactly what you stand accused of, but you may still contest the charges against you. Entrapment is one such defense, where law enforcement misconduct can mean that you are not convicted of the crime.
You may have affirmative defenses when you have been charged with a crime. When you use an affirmative defense, you essentially admit to certain conduct. However, an affirmative defense presents a reason why you have not committed a crime, even in light of your own actions. When you are arguing an affirmative defense, you are the one who has the burden of proof to show why it applies. However, unlike the prosecutor, who must prove your case beyond a reasonable doubt, your burden of proof is to demonstrate your defense by a preponderance of the evidence (which is a lower standard).
Entrapment is one example of an affirmative defense that you may use in a criminal case. Here, you would have been encouraged to commit a crime by a police officer that you otherwise would not have. According to Florida law, entrapment may occur when a police officer:
“causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.”
Entrapment is a defense that is often used in drug cases when police officers have executed a sting. For example, a police officer may approach you in a drug bust, trying to sell you controlled substances. For whatever reason, you may tell the officer no, but they will simply not take no for an answer. They may continue to try to pressure or persuade you to buy drugs from them. The second you do, the police officer may inform you that you are under arrest. Another example arises in child pornography cases when the undercover officer comes up with the idea for the crime and then induces you to accept and download pictures. Since you did not have a predisposition to commit the crime, and the police officer persuaded you to do so, you may have a valid argument that you were entrapped. Effectively, entrapment may negate the element of intent that the prosecutor must prove.
Examples of Entrapment in Criminal Cases
Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. Common examples of police conduct that may be considered entrapment include:
- Threats or Coercion: Pressuring or threatening you to commit a crime.
- Planting Evidence: Placing incriminating evidence on you and then arresting you for it.
- Persistent Solicitation: Repeatedly asking or persuading you to commit a crime after you’ve refused or shown no interest.
- Misleading Statements: Telling you an act is completely legal and then arresting you for doing it.
- Harassment or Pressure: Continuously harassing you until you commit an illegal act.
In Florida, the entrapment defense requires you to prove that law enforcement’s actions would have caused an otherwise law-abiding person to commit the offense. A jury will evaluate the evidence to determine if the burden of proof for entrapment has been met. If successful, the jury must acquit you under Florida law.
Your criminal defense attorney can carefully analyze the details of your case to assess whether entrapment can be used as a valid defense. They will also guide you through the legal process to protect your rights and seek the best possible outcome.
Contact a Florida Criminal Defense Law Firm Today
If you find yourself in the criminal justice system, you cannot delay your phone call to a criminal defense lawyer. Contact the Alers Law Firm immediately to schedule a free initial consultation for your case. You can call us today at 407-930-4888, or contact us through our website, to speak with a lawyer and begin the process of defending yourself.
