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You May Be A Victim Of Entrapment In Your Drug Case

On Behalf of The Foley Law Firm | September 29, 2021

Entrapment arises when law enforcement lures you to commit a crime you would have otherwise not committed in order to prosecute you. It is a habit broadly discouraged in the judicial system since it is considered an abuse of the court process.

Depending on the circumstances surrounding your arrest, you may be a victim of entrapment and can use it as a defense in your drug case. If you prove it, or the prosecution fails to prove beyond a reasonable doubt that the actions of the police did not entrap you, your case stands a better outcome.

What you need to know about entrapment

A popular misconception is that if undercover police approach someone about committing a crime, the cop has to disclose that they are a cop if asked. Otherwise, it amounts to entrapment. However, that is not the case. A law enforcement agent is allowed to act undercover, and it does not amount to entrapment.

There is a thin line between entrapment and the opportunity to commit a crime. If law enforcement merely provided the environment to break the law or an opportunity and you took it, then you cannot claim entrapment. You can only do so if there was an element of overbearing tactics from the police which led you into breaking the law.

It is not so straightforward

Entrapment can be both subjective and objective and focuses on the conduct of the defendant and law enforcement agents. Sometimes, everything is not so apparent, and it may be hard to prove that you are a victim. Still, it is necessary to protect your rights by knowing what to look out for in such cases. It will help you decide on the best way forward in mounting a successful defense of the charges against you.

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