What is Necessary to Have a Successful Entrapment Defense?
Entrapment is a defense concept that I see thrown around all the time related to criminal defense. Unfortunately, the people who believe it applies to their case often do not understand the law or the reason and have a false sense of security based on a misconception of the law. My job is to educate them and get the case on a successful path that makes sense for their particular circumstances.
For the entrapment defense to apply to a criminal case, the reason must show that the defendant was not predisposed to commit the subject crime. Meaning they 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 utilized by the police to catch people they consider sex offenders. A typical scenario involves the police posing as an underage girl and luring a person into either sending nude photos back and forth 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 comes 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 scenario to involve an underage girl, the entrapment defense would be a solid argument to get the charges dismissed.
Retain a San Fernando Valley Criminal Lawyer
Many different circumstances can make the entrapment defense applicable or not applicable. Of course, as with anything, there are grey areas that make it unclear whether the reason is appropriate or not.
Suppose you have a criminal case pending in one of the many Los Angeles or San Fernando Valley Courts. In that case, I encourage you to set up a face to face consultation, bring your list of questions and come up to get all of your questions answered, and leave 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.