For a successful entrapment defense, you need the services of an experienced criminal defense attorney.
Do you believe that a law enforcement officer pushed or tricked you into committing a crime? You may have grounds for an entrapment defense. While this blog will provide a helpful overview of entrapment law in California, for the most accurate assessment of the validity of the entrapment defense for your unique case, you will need to consult an experienced criminal defense attorney like Dan E. Chambers.
What is Entrapment?
Entrapment occurs when a government agent (such as a police officer or their informant) pressures an individual into committing a crime. This pressure may take a variety of forms, such as:
- Badgering
- Persuasion by flattery
- Coaxing
- Threats
- Appeal to friendship or sympathy
It is very important to understand that merely presenting the opportunity to commit a crime does not constitute entrapment. There must be pressure involved such that any normal, law-abiding individual would likely have felt coerced to commit the alleged crime under similar circumstances.
For example, an undercover cop simply asking to buy drugs from an individual would be considered creating an opportunity for a crime. If that undercover cop made a bid for sympathy by saying the drugs were for their dying mother, or threatened turn the individual in for possession if they did not agree to a sale, the interaction would likely graduate to entrapment.
What Types of Crimes Can Justify Entrapment Defense?
Just about any type of crime that you may have allegedly committed at the urging of a government agent could merit an entrapment defense. However, some of the most common scenarios involve charges for drug sales and prostitution, as undercover agents commonly focus on these crimes.
How Does a Criminal Defense Attorney Prove Entrapment?
Normally, a criminal defense attorney does not have to prove their client’s innocence in order to beat the charges against them. They merely have to prove that there is a reasonable doubt as to their guilt, as we all know that individuals are innocent until proven guilty in this country. However, entrapment is an affirmative defense, meaning that the criminal defense attorney must prove that according to a preponderance of the evidence, entrapment did occur. Therefore expert evidence gathering and a thorough analysis of the facts are essential for a successful entrapment defense.
Not all criminal defense attorneys are skilled in these areas, but at Chambers Law Firm, we are. We have the staff and the experience required to build a strong entrapment defense when appropriate, even when this includes extra steps like proving an informant was acting as a government agent. Please contact us now for a free consultation to learn if entrapment could be a valid defense in your specific criminal case.
