Entrapment is a concept often misrepresented in popular media, leading to confusion about its true legal implications. This blog aims to clarify what constitutes entrapment, dispel common myths, and discuss the appropriate steps to take if you suspect you were entrapped by law enforcement. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What Exactly is Entrapment?
Entrapment occurs when law enforcement agents induce a person to commit a crime they would not have otherwise committed. In California, for a defense of entrapment to be viable, three specific conditions must be met:
- Pre-Communication: There must have been communication between law enforcement and the suspect prior to the commission of the crime.
- Inducement: The suspect must have been persuaded or encouraged by law enforcement to commit the crime.
- Typical Law-Abiding Person Standard: It must be shown that the actions of law enforcement would have caused a normally law-abiding person to commit the crime under the same circumstances.
Proving entrapment can be challenging. Law enforcement officials are granted significant latitude in their undercover operations, including the ability to lie about their identities and other aspects of their operation. However, they cannot legally assure you that an illegal act is lawful.
Misconceptions About Entrapment
Many people mistakenly believe that any encouragement or opportunity provided by police to commit a crime constitutes entrapment. This is not accurate according to legal standards. The U.S. Supreme Court has clarified that merely providing an opportunity or making a crime seem appealing does not qualify as entrapment. For example, suggesting that someone steal a car left unlocked with keys in the ignition does not necessarily lead to entrapment if the individual commits theft. The rationale is that a "normal person" wouldn't have committed the crime under those circumstances.
Why You Should Consult with an Attorney
It might be tempting to analyze your own case or even represent yourself in court if you believe you've been entrapped. However, the complexities of legal defenses such as entrapment are best handled by professionals. A criminal defense attorney is equipped to evaluate the nuances of your case and present a strong argument for entrapment if applicable.
A knowledgeable lawyer can help by:
- Evaluating the Evidence: An attorney can thoroughly assess how the evidence against you was collected and whether it might have involved entrapment.
- Developing a Defense Strategy: If entrapment is viable, your lawyer can formulate a defense strategy that leverages this, aiming to either reduce the severity of the charges or dismiss them entirely.
- Navigating the Legal System: Experienced attorneys understand the courtroom dynamics and know how to present cases effectively to a judge or jury.
If You Suspect Entrapment, Take Action
If you face criminal charges and suspect that you were entrapped by law enforcement, taking immediate action is crucial. Contacting a seasoned defense attorney can significantly impact the outcome of your case.
At Law Office of Michael L. Fell, we understand the stakes and are prepared to help you navigate through these challenging circumstances. We encourage you to reach out to us at (949) 585-9055 for a free consultation to explore your legal options and ensure your rights are fully protected.
While entrapment can be a compelling defense, it requires a nuanced understanding of the law and an experienced legal advocate to effectively argue it in court. If you believe you are a victim of entrapment, securing professional legal representation is your best course of action.