Entrapment

When an otherwise innocent person is compelled by a government agent to commit a crime, it is generally entrapment. There are some very specific guidelines that provide the legal basis for building a defense case alleging entrapment. If a defense attorney is able to prove that the crime was committed because of entrapment, then the defendant cannot be found guilty of the charges, as an agent of the government had arranged the entrapment to ensure the commission of a crime for the purposes of prosecution.

Government agents can only be proved to commit entrapment if they implant the idea to perform a crime in the mind of an innocent person. The entrapment defense is irrelevant if the agent merely created the opportunity to commit a crime; defendants claiming entrapment must prove unlikely to commit such a crime in the absence of an entrapment situation. The government agent must also be shown to have created an incentive for the defendant to commit the crime. Entrapment alters the risks and benefits of a criminal situation in order to increase the likelihood that the crime will be committed. Agents setting up an entrapment scenario may induce the defendant through coercion, harassment, persuasion, misrepresentation, pleas for sympathy, or threats.

An entrapment defense rests on the attorney's ability to first prove that the government induced the defendant to commit the crime. The second requirement for entrapment is that the attorney must show that the defendant is not predisposed to commit the crime in question; that said crime would not have occurred absent an entrapment situation. This means that defendants with criminal histories will have a more difficult time demonstrating entrapment since they have demonstrated a predisposition to criminal behavior. Prior convictions do not necessarily rule out an entrapment defense, however.

The circumstances under which a criminal defense alleging entrapment may be used are fairly unambiguous, but an attorney who is familiar with the legal technicalities involved may be able to address specific situations. Entrapment occurs far more often than many people realize, and can be difficult to prove, so if you suspect that either you or a loved one has become the victim of entrapment, you should immediately consult an attorney who has experience in utilizing the entrapment defense.

To speak directly with a criminal attorney regarding entrapment, contact us.