Entrapment Defense for Criminal Charges

At times, it seems as if America is losing the war on crime.  As a result, some agencies attempt to entrap suspects in an obvious crime in order to achieve an arrest and conviction.  However, entrapment is illegal, and it can be a valid defense in many cases that will result in dismissal. 

Proving Entrapment

There must be two conditions for entrapment to be proven:

• The government must be guilty of originating, designing,  and implanting the crime in an innocent person’s mind
• The defendant must not have been predisposed to commit the crime

These elements are both difficult to prove in entrapment court cases, which is why it is not often used as a valid defense. 

Types of Entrapment

Federal entrapment

Federal entrapment occurs when federal investigators know that crimes, or crime networks, exist but cannot find sufficient proof to prosecute.  In their desire to win a conviction, they may overstep the boundaries and use entrapment to bring about an arrest.

DUI entrapment

DUI entrapment can occur when an officer is drawn to a location where people are intoxicated but engaged in other crimes or altercations.  In ordering someone to leave the scene, the officer may be considered entrapping an individual to drive while under the influence.  However, this defense does not always work in entrapment court cases, since the officer did not lure the suspect into drinking or make the suspect drive drunk. 

Civil Entrapment

Civil entrapment is a misnomer, since there is no entrapment defense when no crime is committed.  There are often cases where civil enticement exists, especially in the case of data or technology hackers. One common example is Police informants posing online as minors being vulnerable to sexual conversations, and possible encounters with Adult predators in Chatrooms and other avenues within cyberspace. These suspects often get prosecuted and convicted as Sex Offenders.

Getting Legal Help

It is important to get legal advice before attempting an entrapment defense in court.  These are difficult elements to prove and only a skilled attorney may be able to determine when it becomes a viable defense.  However, it is against the law for the government to entrap an individual in a crime in which they would not otherwise have participated.  If entrapment occurred, an experienced attorney can help provide the appropriate defense.