Persons facing criminal charges may believe that law enforcement officers tricked them in some way. The police are permitted to use cunning and guile, and they can even outright lie to you. However, if they cross certain lines, it could open up a potential line of defense to you – that of claiming entrapment.
What is entrapment and how does the defense work?
More than just giving you an opportunity
The key to claiming entrapment is that you must show the police or someone working with them did something that “would cause a normally law-abiding person to commit the crime.” In other words, you’ll need to show that what they did was compelling, not merely enticing.
For example, leaving a cash register open to catch someone suspected of theft is likely not entrapment, as a normally law-abiding person would shut it or alert someone rather than empty it. Similarly, leaving a car unlocked in hopes of catching a car thief, or a sting operation that lures in thieves to sell stolen goods to a fake pawnshop, would also not constitute entrapment. Both those actions provide an opportunity for a criminal act, but they don’t induce one.
Your argument will also need to be compelling
To succeed with a defense of entrapment, you will need to show by a “preponderance of evidence” that it was more likely than not that entrapment occurred. While this is a lower standard than the “beyond a reasonable doubt” expected of prosecutors wanting to convict you, it can still be challenging. Seeking guidance from an experienced and skilled attorney to see whether you have a realistic chance of success or should opt for a different defense option is always wise.
