Understanding Entrapment Defense in a Criminal Case

Facing criminal charges is a dreadful experience. It assumes even
greater proportions if it is a charge of a felony. It may lead to
conviction, and penalties like jail time and fines. However, in certain
circumstances, a government agent may have encouraged you to commit the
crime in the first place.

If you are in such a situation, your criminal
attorney may suggest using the entrapment defense. You need to discuss
this with your attorney before you decide on this. How does this work?
Before you consult a legal practitioner, you need to have a clear idea
about this criminal defense.

Within the category of affirmative
defense, entrapment is a common tactic in use. Florida court accepts
both subjective and objective forms of this defense. The basic concept
is simple – you would not have committed the crime if the government
entity did not encourage you to do so.

As per the Florida Statute 777.201(1), there are three points to establish this defense.

Step
1: The defendant’s, i.e. your, Miami criminal attorney presents
evidence that a government entity presented an inducement to commit the
crime you face charges of committing.

Step 2: The defendant’s
attorney presents evidence that you did not have the predisposition to
commit the crime, i.e. in case of the government entity’s absence of
inducement; you would not have committed the crime.

Step
3: Next, it is the task of the prosecution to prove beyond a reasonable
doubt that you had the necessary predisposition, i.e. you would have
committed the crime even in the absence of the inducement on the part of
the government entity.

The court decides whether to submit the
determination of entrapment to the jury or decide the case on its own.
If there is any reasonable doubt, and the prosecution is incapable of
removing it, the court may dismiss the case and declare a ‘not guilty’
verdict. However, this is not as easy as it seems.

Only a
competent criminal attorney is capable of investigating the matter,
accumulate evidence, analyze the facts, and present the defense in a
proper manner. It also takes legal expertise to determine when to submit
this defense – at a pre-trial motion or during the trial proceedings.

There
are other possible defenses as well. However, only a legal practitioner
specializing in criminal laws would be able to tell you which one would
work best in your case. Therefore, it is essential to find an attorney
and talk to him/her about your defense.