Thank you for asking me “What is Entrapment?”
Entrapment is an affirmative defense to a criminal charge. It essentially says: Yes I did it, but the intent to do it was not my own and instead it was unlawfully created by the police.
In FL you are entrapped if: 1) A cop (or someone working for the cops) 2) uses methods of persuasion to 3) induce you to do a criminal act that 4) you would not otherwise have done and 5) you only did because of the unlawful inducement.
This may sound simple but it is not. First, when you plead entrapment (as is the case with any affirmative defense), the burden of proof switches from the government to you second, you must overcome the “predisposition” hurdle and finally, as with many things in criminal court, the deck is almost always stacked in the State’s favor.
The law is clear that it is not entrapment just because the cops (or their CI) provided you with the opportunity, means or facilities to commit a crime, or even that they used trickery or subterfuge in the process, or even that they were present and pretended to aid or assist you in the commission of a crime. Rather pleading entrapment succeeds or fails on the issue of your “predisposition” to commit the offense.
You were “predisposed” to commit an offense if you were ready and willing to do so when the opportunity presented itself, regardless of police involvement, persuasion, trickery or subterfuge.
I will address more specific issues such as prostitution and narcotics stings in separate Webisodes. In the meantime thank you for your question and remember…
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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