If you’re someone who has faced drug charges, one thing you might be incensed about is how you were caught. Maybe you were offered drugs by someone, but the moment you accepted you found that person was a police officer. That situation could be entrapment, and if so, you could have a strong defense.
Entrapment happens when a government agent does something to induce you to commit a crime. For example, they might walk up to you and offer you drugs. If you buy them, then they would arrest you, but that’s entrapment. If not for their actions, you may not have been interested in purchasing drugs at all.
Who does the law consider to be a government agent?
A government agent is anyone who acts on behalf of the government. That could be a mayor, a police officer and even civilians working undercover for official investigations.
How can you prove that entrapment happened?
When you talk to your attorney, you need to be clear about everything that happened. Your attorney will help you show that you would not have committed the criminal act if not for being persuaded by the government agent. They will also work to show that the agent actually encouraged the crime, because they created a situation that may not otherwise have been present.
The prosecution will attempt to argue that you were predisposed to commit this kind of crime before the agent approached you. They might do this by showing that you had similar charges or convictions previously. If you have no past record, you’ll be in a better position to fight against charges using the entrapment defense.
Can entrapment occur if you’re selling or buying drugs?
Entrapment can happen when you go to buy or sell drugs. For example, if you have drugs in your possession but were not intending to sell them, you might be enticed to do so if someone approaches you asking if you have any that they can buy. Similarly, if you are sitting at a bar and are approached by someone who wants to sell drugs, you might be encouraged to buy them. They might drop the price or even try to give you the drugs for free, enticing you to take them. Once you do, the agent would then work on arresting you, which is unfair considering the circumstances leading up to the arrest.
Entrapment is a serious problem in law, and it cannot be allowed. Your attorney will help you fight charges if entrapment occurred.