Entrapment is an affirmative defense, meaning, the defendant admits that the criminal charge has substantial elements and wants to be relieved of punishment. For him to use the entrapment defense, he has the burden of proving that the law enforcement planted the idea of committing the crime, influenced him to commit the offense, and that he was not predisposed to commit such act if it was not for the law enforcements’ actions.
For a clear picture of entrapment, let’s say that there’s a person who has a regular job which covers his everyday needs. One day, a stranger (someone with law enforcement or working for law enforcement in disguise) approaches him and coerces him to sell drugs. Because of the pressure from the law enforcement, he is forced to do the criminal act. After he has committed the crime, the police arrest him for drug trafficking. He faces trial and admits, “Yes I did it”, to the substantial elements of the crime. But he successfully proves an entrapment defense and is found not guilty of the charges against him.
Proving an entrapment defense can help you in getting a favorable verdict. There are important elements that you have to keep in mind for you to successfully use this.
First, you don’t deny of your knowledge of the crime. A denial would automatically exempt you from using an entrapment defense.
Second, you have to admit to the substantial elements of the crime. It is not enough that you keep quiet and not deny the charges against you. Silence and not challenging the evidence and testimony do not mean you are admitting to the crime. You need to make a clear confession of your participation.
Third, it is not sufficient that you prove that the police presented the opportunity to commit the act for the entrapment defense to hold. Law enforcement must also draw you to action through pressure and coercion.
Fourth, you should prove that you would not have done the act if law enforcement did not force you to do so. It is important that you present that you would have not committed the crime if you and the law enforcement never met.
Last, you are not allowed to use the entrapment defense if you were planning to do the crime even before you were approached by law enforcement. It is not enough to claim entrapment just because the law enforcement hid his or her true identity from you.
When you are charged with a criminal offense, it is useful to know of the possible legal defenses that can be used to defend oneself. This can increase your chances of getting a positive result. An entrapment defense can be useful under the right circumstances.
Entrapment can pertain to different aspects criminal and DUI cases. Read more about out services at: