Explaining Florida’s Entrapment Defense

The concept of entrapment is discussed often in the media, but too many people are unaware of what it actually means in practice. It is usually defined as a situation in which law enforcement pushes a person to commit a crime that they would not have committed otherwise. This is usually employed in drug-related cases, and can, as one might imagine, be a difficult series of events to prove. However, it is possible for the right attorney to establish that entrapment has occurred.

Burden Of Proof On The Defendant

If one examines the relevant law, it can be seen that the major factor in establishing entrapment is whether or not the idea to commit the crime at all rests with law enforcement. In other words, if a person had no intent to commit a crime until a law enforcement officer talked them into it, entrapment may apply. This happens in drug cases; the most common scenario is a law enforcement officer pushing someone into buying drugs from an undercover officer.

There are two types of entrapment in jurisprudence: objective and subjective. Subjective entrapment, which is the test used in Florida, requires some difficult findings of fact – namely, the defendant must show that the law enforcement officer’s actions were the only reason they committed the crime, and that they had no other possible motive to do so. Still, it is possible to meet the burden of proof.

Present The Right Evidence

If you have been charged with a drug offense and you suspect entrapment, it can feel overwhelming to try and prove a negative in order to show your innocence. Establishing that you lacked motive or other predisposition to commit the crime cannot be definitively established, but you may be able to establish other characteristics that speak to the same thing. For example, if you have no other criminal record, you may be able to show this as a way of articulating that you would not voluntarily go buy or traffic in drugs.

One other thing to keep in mind is that while entrapment is against the law, sting operations are legal and commonly used by police. The difference between it and entrapment is the intent of the law enforcement officer (and, as one might imagine, the defendant). If you did take a step toward committing a crime, be prepared for the state’s attorney to try and use that against you.

Contact A West Palm Beach Drug Offenses Attorney

If you have been charged with a drug crime, and you suspect entrapment on the part of law enforcement, contacting a West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can help ensure your rights are protected during the legal process. Call our office today at (561) 721-0552 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