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What does police entrapment mean for your drug possession charges?

On Behalf of | Dec 28, 2021 | Criminal Defense |

The police are supposed to uphold the law at all times and prevent people from committing crimes. However, law enforcement officials sometimes use coercion or undue tactics that lead you into breaking the law only to arrest and charge you for it. So what does it mean for the charges you are facing? Here is what you need to know.

Entrapment is considered a form of police misconduct and an abuse of the justice system. This is because you were not in the frame of mind to commit the crime were it not for the inducement or coercion by the police. Keep in mind that being offered the opportunity to commit a crime does not necessarily amount to entrapment.

Are you a victim of entrapment?

If you are a victim of entrapment, you can use it to defend the charges you are facing. However, the burden of proof is on you to show that law enforcement officials induced you into committing the crime by law enforcement officials. Remember, by claiming entrapment, you are admitting that you committed the actual crime, which is why you need to proceed carefully.

For an entrapment defense, the inducement to commit a crime must have been instigated by a government official. Otherwise, your defense might not hold. Secondly, you must pass subjective and objective tests that you were not inclined to commit the crime were it not for the coercive actions by the police.

Your case may be dismissed

If you successfully prove entrapment, your case is likely to be dismissed. Nevertheless, navigating your defense and proving that you are a victim of entrapment requires a solid understanding of the law. For a desirable outcome of your case, you need to carefully decide if entrapment is a viable defense strategy or whether you need to explore other options.