How do I dispute gun charges from entrapment?

The Second Amendment to the U.S. Constitution gives Americans the right to keep and bear arms. Gun control legislation has continued to be a hot topic while many states enact laws that are in stark contrast to those of the federal government. Depending upon where an individual lives, gun charges can be brought against an individual if they are in violation of state or federal laws. Law enforcement officials must have compelling evidence in carrying out a sting operation in the hopes of securing an arrest. Police officers cannot encourage citizens to participate in a crime in order to gain evidence against another individual. Gun charges from entrapment can happen when overzealous police overstep their bounds by coercing an individual to commit a crime they would not ordinarily carry out, such as obtaining an unregistered firearm with no serial numbers visible in exchange for money.

Using Entrapment As a Legal Defense

One of the primary rules of law enforcement is that police officers cannot perpetrate crimes in order to catch criminals. To prove entrapment, the defendant must be able to show that he or she was targeted and coerced into committing a crime they would not ordinarily commit. An entrapment defense shifts the burden of proof to the prosecution to prove that the defendant was predisposed to commit such a crime. Obviously an individual with no prior criminal record will have a much stronger case, but lawyers who are skilled in showing that the police created the opportunity may be able to get the charges dropped entirely. Any government agent who sets up a scenario to induce the defendant through coercion, persuasion, harassment, misrepresentation or threats is guilty of entrapment.

True Story of Gun Charges & Police Entrapment

A real case that happened in Florida involved a slain member of the Warlocks motorcycle club. Local deputies warned the widow before the funeral to expect an attack by a rival gang. As a result, many of the Warlocks members arrived at the funeral service armed with weapons for protection. Police then showed up and conducted an illegal search and charged the members with a variety of weapons violations. This is a clear-cut case of entrapment because deputies told the Warlocks members that they would not be able to provide adequate security at the funeral and they should plan to protect themselves.

Criminal Defense Attorney vs. Inexperienced Prosecutor

It may not be a well-known fact that most prosecuting attorneys have little trial experience. They spend most of their time making deals with individuals charged with a crime. They are unfamiliar with the rules of evidence and may end up with the short end of the stick when an experienced criminal defense attorney gets the judge to throw out evidence that could be prejudicial in nature to the defendant. Whenever you are facing criminal charges, it’s best to hire an experienced defense attorney who can challenge the prosecution’s case.