WHAT IS NECESSARY IN ORDER TO HAVE A SUCCESSFUL ENTRAPMENT DEFENSE?
Entrapment is a defense concept that I see thrown around all the time as it relates to criminal defense. Unfortunately, many times the people who believe it applies to their case do not understand the law or the defense and have a false sense of security based on a misconception of the law. It is my job to educate them and get the case on a successful path that makes sense for their particular circumstances.
In order for the entrapment defense to apply to a criminal case, the defense must be able to show that the defendant was not predisposed to commit the subject crime. Meaning, he or she would have never committed the crime but for law enforcement’s involvement. For example, there are all kinds of sex related ads on the internet that are being utilized by the police to catch people that they consider sex offenders. A common scenerio involves the police posing as an underage girl and luring a person into either sending nude photos back and forth and / or setting up a meeting to have sex with the underage girl, who turns out to be a police officer. In this circumstance if the person come with condoms, sends nude photos of themselves and agrees to meet to have sex, they will not be able to utilize the entrapment defense, because they are ready, willing and able to commit the offense they are charged with, regardless of police involvement. If on the other hand, the same person is on a legitimate site that does not cater to minors and agrees to have sex with a person of age and at the last minute the police try and change the scenerio to involve an underage girl, the entrapment defense would be a solid argument to get the charges dismissed.
There are many different circumstances that can make the entrapment defense applicable or not applicable, And of course as with anything, there are grey areas that make it unclear whether the defense is appropriate or not. If you have a criminal case pending in one of the many courts in Los Angeles, I encourage you to set up a face to face consultation, bring your list of questions and come with the goal of getting all of your questions answered and leaving my office with a defined game plan as to exactly how your case is going to be handled and a realistic result that you hope to achieve.