When a defendant is persuaded to commit a crime in the police officer's presence under duress, this is known as entrapment. A person might be caught in a trap in some circumstances if an officer acts in a way that would lead an ordinarily law-abiding individual to commit the crime.

These actions include badgering, persuasion through flattery or coaxing, repetitive and persistent requests, or an appeal to sympathy or friendship. Conduct that would make committing the crime unusually alluring to a typically law-abiding person is another type of entrapment. A guarantee that the action is legal, that the crime would go unnoticed, or an offer of unusual reward are additional examples of this type of behavior.

It is not entrapment if an officer merely provided the defendant with the means to perform the crime or merely made an effort to win the defendant's trust by taking reasonable and tactful measures. Keep reading to learn more about entrapment and how it can be used as a legal defense against California criminal charges. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

Can entrapment cause my case to be dropped?

Entrapment can be utilized as a defense that, in some circumstances, results in the dismissal of your charges. The onus is on the defendant to establish this defense beyond a reasonable doubt. In contrast to proof beyond a reasonable doubt, this threshold is less strict. The defendant must demonstrate that it is more likely than not that they were duped in order to satisfy this burden.

What the courts look for in entrapment cases

Courts evaluate this argument based on the officer's actions. Courts may also take into account other pertinent factors, such as the events leading up to the crime, the defendant's replies, and the nature of the crime when determining whether the officer's actions were likely to inspire a typically law-abiding person to commit this crime.

Your own intent, character, or criminal history are irrelevant to whether you were entrapped since entrapment statutes place a strong emphasis on the actions of the police officer. You should be judged on how you would typically behave under the law.

Successful entrapment cases

Defendants have successfully used entrapment as a defense in two different types of cases. In some circumstances, demonstrating that the defendant was duped invalidates a crucial component of the offense.

For instance, if a defendant is charged with theft but the evidence demonstrates that the property's owner actively assisted in giving it to the defendant, that indicates the owner gave their approval for the property to be taken. Entrapment is a successful defense because the prosecutor was unable to meet his burden of proving the defendant guilty because a lack of consent is a crucial component of a theft charge.

The second sort of circumstance involves a defendant who has been coerced into committing the crime by an undercover police officer or agent, but none of the essential components of the crime are in dispute.

An illustration of this scenario would be if a police officer became friends with the defendant at a drug treatment session and then frequently requested that the defendant procure drugs for the officer's own use. The defendant finally gave in and bought drugs to sell to the officer after numerous pleadings for friendship and requests, at which point he was apprehended. The defendant could prove that entrapment occurred in a situation like this.

If you believe you have been the victim of entrapment, or you otherwise require help from a criminal defense attorney, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.