Understanding Entrapment Defense in Florida Criminal Cases

What is Entrapment?

When defending against criminal charges, one defense strategy applicable is entrapment. Polk County lawyers say entrapment occurs when undercover officers, law enforcement officials, or confidential informants convince you to commit a crime that you otherwise would not have committed.

The law in Florida recognizes the following types of entrapment:

Subjective Entrapment

Criminal defense attorneys in Polk County define subjective entrapment as predisposing someone to commit a crime before law enforcers become involved. The court evaluates factors such as the defendant’s:

• Criminal history
• Personal background and character
• Initial reaction to the proposal to commit a crime
• Previous involvement in similar crimes

If the prosecution can demonstrate that you were inclined to commit a crime without influence from law officers, the entrapment defense may not be applicable.

Objective Entrapment

Objective entrapment seeks to establish how egregiously the law enforcement’s actions violated due process rights, regardless of your predisposition. The defense is effective when the conduct of law enforcers is deemed excessively coercive or deceptive.

An example of objective entrapment is if an officer keeps pressuring you into committing a crime over an extended period. They may also harass or threaten to harm you if you don’t commit the offense.

In Which Types of Crime Is Entrapment Commonly Used?

Entrapment can be used in many different criminal cases, but it is more common in the following situations:

• Drug trafficking: Reverse drug trafficking is quite common in Florida. Entrapment in drug cases occurs when an undercover police officer uses an informant to entice individuals who would otherwise not have committed a drug crime, in most cases, for a cash incentive.
•  Prostitution: Law enforcers may act as though they are soliciting prostitution or are willing to engage in a crime. Before doing so, the officer must suspect a person is willing to commit the crime.
• White-collar crimes: Some illegal activities that occur in places of employment due to entrapment include embezzlement and insider trading. An employer who suspects an employee of committing a crime may ask a police officer to persuade the employee to break the law.

Tactics Law Enforcers Might Use for Entrapment

It’s vital to be aware of the tactics law enforcers might employ to entrap you:

• Emotional manipulation, such as fabricating illness, faking romantic interest, or appealing to sympathy
•  Promises of gain by offering significant financial rewards or legal protection in exchange for committing the crime
• Unmonitored conversations through informants
• Threats or coercion to compel action

What is Not Considered Entrapment?

Polk County criminal defense lawyers add that it’s important to note that entrapment can’t be a valid defense if law enforcement officers only provide an opportunity for you to commit a crime you already intend to engage in. Some situations that don’t qualify as entrapment include the following:

• An undercover law officer poses as a drug dealer and traffics drugs for sale. If you willingly purchase, you can’t cite entrapment as a defense.
• A law enforcement sting operation arrested individuals soliciting prostitution.
• A law enforcer who poses as a buyer for stolen goods from someone who is already selling the items.

Your predisposition to commit the crime in these cases would likely prevent an entrapment defense from being effective.

How Does Entrapment Work as a Defense in a Criminal Case?

You can assert entrapment as a defense through pretrial motions to dismiss, acquit, or entrapment jury instruction as the trial ends. Seek the help of aggressive criminal defense lawyers in Polk County to enhance the likelihood of a favorable outcome. They can direct you on the procedures to follow, depending on whether you want to claim objective or subjective entrapment:

• For subjective entrapment, you must present evidence of a lack of predisposition to engage in the crime and police inducement. If there is a factual dispute, the jury will decide based on the question of predisposition. If the facts are undisputed, the judge can rule on entrapment as a matter of law.
• For objective entrapment, the judges must decide based on a question of law. You can file a sworn pretrial motion to dismiss. With the help of your defense attorneys, you can describe the police conduct as violating the principles of due process.
• You can raise both types of entrapment through motions for judgment or acquittal during the prosecutor’s case.
• If your case proceeds to a jury trial, the court must give an entrapment instruction if you present solid evidence that supports the entrapment defense.

Polk County attorneys explain that the entrapment defense can be challenging to prove. Not all undercover law enforcement officers are guilty of entrapment. If you break the law, you must have been predisposed to committing a crime. Nonetheless, you are more likely to get the charges dismissed if you work closely with experienced legal experts.  

Elements of Entrapment Defense

Polk County criminal defense lawyers explain that to use entrapment as a defense strategy successfully, you must address the following crucial elements:

• Whether the law enforcer induced the crime: This could have been through persuading, encouraging, or coercing you into committing the offense
• Whether you were predisposed to committing the crime: If you show inducement, the prosecution has the burden to prove beyond a reasonable doubt that you were ready and willing to commit the crime before any police involvement.
• Whether the jury should decide: If the prosecution cannot prove your predisposition, the court may dismiss the charges before the beginning of the trial.

An Experienced Criminal Defense Lawyer Helping You Understand the Entrapment Defense

If you’re facing criminal charges for an offense you wouldn’t have committed had a law enforcer not threatened you, entrapment can be a valid defense. However, you need the expertise of aggressive criminal defense attorneys in Polk County to navigate the nuances of the defense strategy successfully.

The Law Firm of Gil Colón, Jr. has knowledgeable lawyers in Polk County who can guide you in using entrapment in your defense to beat your criminal charge. We offer legal support and representation in many criminal cases and can help you, too. Call us at (863) 622-9602 for a FREE consultation.