If you have seen cases of entrapment presented in television shows or films, you may think it can be easily proven in court. And, you may believe that if the defendant can prove entrapment, they can easily beat the charges against them. In reality, arguing entrapment as a defense is much more complicated.
The reality is that entrapment is often misunderstood. Moreover, it is a difficult defense to pursue. Nevertheless, it is a viable defense option if it does meet the definition of entrapment and evidence can be used to prove it was used by law enforcement to charge the accused with the crimes involved in the case.
Defining entrapment
In simple terms, entrapment is when a government agent intentionally persuades or influences another to commit a crime that they otherwise would not have committed.
With regards to a government agent, this includes those working as a law enforcement officer, FBI agent, DEA agent or anyone acting on behalf of the government. As such, a civilian working undercover as part of an official government investigation would be considered a government agent in the capacity of the investigation.
Entrapment as a defense
In matters involving drug charges, government agents of all kinds could be involved in the arrest. This means that a civilian could be the source of entrapment, such as a drug dealer acting as an informant when they interact with you.
The context of this interaction could involve entrapment; however, if it is determined that the dealer was not a government agent when they convinced you to buy or sell drugs, then entrapment is not a defense for the resulting charges. Entrapment is also an unlikely defense if it is provable that you would have committed the crime anyway even if the government agent was the dealer acting as an informant.
If entrapment is a viable defense, there are two ways to prove entrapment. First, you could prove that you would not have committed the crime if it was not for the undue persuasion or fraud of a police officer or other government agent. And second, you could prove that a government agent strongly encouraged or pressured you to commit a crime that otherwise you would not have committed.
If a government agent badgers you or threatens you to commit the crime, entrapment is likely a possible criminal defense. A legal professional can help you understand your situation, answer any questions and help you assess your defense options.
