Is Entrapment A Valid Defense To Florida Drug Charges?

Drug crimes in Florida are prosecuted aggressively, as they are seen as crimes against society, not just against an individual. If you have been charged with possession, sale, or trafficking of illegal substances, it is crucial that you take this situation seriously, but you are still entitled to your day in court. Your attorney can put forth what are known as affirmative defenses, of which entrapment is a commonly argued one in drug cases.

Burden Is On The Defense

Entrapment is when a law enforcement officer (LEO) or their agent causes a person to commit a crime when that person would not have done so absent their influence. Thus, for example, in a drug possession or sale scenario, it is common for defendants to argue entrapment – the argument being that they would not have bought or sold drugs had they not been pressured into doing so by an informant or undercover LEO. It can be difficult to establish that entrapment has occurred, but it is far from impossible.

Unlike in a standard criminal case, the burden of proof is on the defense to adequately establish an affirmative defense – in other words, you and your attorney must prove that it occurred, rather than the other side having to prove that it did not. While there are many different ways to do this in drug-related cases, most attorneys will try to establish a lack of prior drug activity and other good character, in addition to attempting to cast doubt on the narrative being pushed by the state’s attorney.

Sting vs Entrapment

It is important to keep in mind that while entrapment is unlawful, sting operations – which can resemble entrapment – differ. Sting operations are lawful, though they can be misleading or deceptive, and are intended to catch a person in the act of committing a crime. Entrapment is not, and involves a person exerting sufficient influence to get a second person to commit a crime when the second had no prior intent to do so. Your attorney must be knowledgeable and adept enough to present the facts for entrapment thoroughly enough to create no doubt about the influence or coercion involved.

The overall question in entrapment cases is whether or not the LEO or their agents created a “substantial risk” that an otherwise law-abiding person would commit a crime. This can be hard to establish, but if it is possible in your case, it can be the first step toward acquittal – not deferred adjudication, not a suspended sentence – but acquittal. At its heart, a successful defense of entrapment is arguing that law enforcement may not create crime, particularly not just for the goal of prosecuting it.

Call A West Palm Beach Drug Offenses Attorney

When a person is charged with a drug crime in Florida, they have the right not only to their day in court, but to put up an appropriate defense if they truly believe that the case was handled poorly. If you find yourself in this situation, a West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help answer your questions and manage your concerns. Contact us today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0777/Sections/0777.201.html