Are You A Victim Of Entrapment?
In our latest blog post we break down what entrapment is, and what you should be aware of. We’ll help you realize if you’ve been the victim of entrapment
What Is Entrapment?
Entrapment is when police officers, or law enforcement, use coercion and other overbearing tactics to make someone to commit a crime, especially when that person would have been unlikely to commit the crime. An entrapment defense is a criminal defense that is supposed to protect the defendant from potential abuse of power from law enforcement.
There is a difference between entrapment and opportunity. We are all faced with “opportunity” to break the law. It is a given expectation that we will resist the opportunity to break the law. Entrapment is when law enforcement officials take extreme measures like harassment, coercion, fraud, threats, flattery, and other means to persuade defendants to commit a crime. Cases where a sting operation is performed are often met with entrapment defenses because of these measures.
Burden of Proof?
With entrapment cases the burden of proof rest upon the defense. The defense must prove to a judge that the defendant would not have committed the crime without the law enforcement agents actions. Depending on which state you reside in will depend on if the judge/jury applies a subjective test or an objective test to the entrapment defense. California applies an objective test, which means that the defense must show that the police standards fellow below standards of the proper use of law enforcement and it would have caused ANY citizen to commit the crime.
An example of this would be if an undercover agent asked someone to sell him/her marijuana, in a state where it is illegal, because they were having severe pain because of chemotherapy. This “sob story” might cause any citizen to try to help out a friend.
Can My Neighbor Entrap Me?
No, unless your neighbor is a government agent. An entrapment defense only applies to a government agent. Therefore, if your neighbor coerces you to commit a crime and then you’re arrested for the alleged crime, an entrapment defense wouldn’t apply to your situation.
Should I Use An Entrapment Defense?
It depends on the case. Contact us and we can review your case to see if you should consider an entrapment defense. Somethings to consider beforehand are your past criminal history, the nature of the crime, those involved in the alleged crime. Your past criminal history can play a large part in whether or not you should consider an entrapment defense. If you’re arrested for allegedly stealing a car and have been arrested several times prior for that same offense, an entrapment defense probably isn’t the best course of action.
In conclusion, entrapment is when a government agent uses coercion and severe means to induce or make a citizen commit a crime. It only applies to government agents and not private citizens, and the burden of proof rests on the defendants shoulders to prove. Call us to have your case reviewed and see how we can help.
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.