What is Entrapment?
Entrapment is a defense that can be raised in criminal cases where a criminal defendant was persuaded by law enforcement officers to commit the crime he or she is charged with. In order for an entrapment defense to work, the defendant must not have had any previous intention or be predisposed to commit the crime, and must only have done so at the encouragement of law enforcement or some other government officer (local or state police, undercover agents, federal agents, etc.).
Massachusetts case law has identified factors the court considers when determining if a defendant is predisposed to commit a crime. These factors include:
● The defendant’s character and reputation;
● Whether the police officer is responsible for originally introducing the defendant to the criminal activity;
● Whether the defendant committed the crime for profit;
● Whether the defendant showed any reluctance to commit the crime or be involved in the crime; and
● The nature of the officer’s inducement.
Entrapment as a Criminal Defense
Entrapment can be a tough defense to get right because the defendant must have been an innocent mind prior to the officer’s implantation of the idea to commit the crime into the head of the defendant. The defendant cannot be ready, willing, and able to commit the crime on his or her own.
Furthermore, the defense of entrapment requires the demonstration of evidence of the officer’s inducement of the defendant into committing the crime. An officer that solicits the defendant to do something that violates the law is not enough. Instead, the officer’s actions must rise to the level of inducement. This could include:
● Aggressively pressuring or coercing the defendant to commit the crime,
● Negotiating with the defendant to induce the defendant to commit the crime,
● Blackmailing the defendant into committing the crime, etc.
Entrapment as a Criminal Defense to Drug Charges
Defendants who are arrested for drug crimes may have a particularly difficult time raising entrapment as a defense because if the defendant has a history of drug use or committing drug-related offenses, evidence to this effect can be used to show that the defendant was likely predisposed to commit a drug-related crime. However, there may be facts in your specific case that would suggest that you were an innocent mind and were induced by a police officer to commit the alleged drug crime that is pending against you.
When You Need a Criminal Defense Lawyer
If you are facing drug charges but you believe that you are the victim of an entrapment scheme perpetrated by law enforcement, you should contact an experienced criminal defense lawyer immediately. Our Attorney has experience serving on both sides of the criminal justice system. She has helped many criminal defendants with their charges and she can help you, too. Our Attorney takes protecting and preserving your rights very seriously and will work with you and the prosecution to resolve your case. Please contact Our Attorney immediately either online .