WHAT IS ENTRAPMENT? FAQs

Q: What is the entrapment defense?

A: The entrapment defense is a legal strategy used to argue that the government induced or encouraged a person to commit a crime they otherwise would not have committed. It essentially claims that the government created the crime rather than detecting an existing one. The one-sentence version of entrapment is: “My client had no predisposition to commit this crime and was induced by the government to do it.” Easy, right?

Q: In what types of cases is the entrapment defense most commonly used?

A: The entrapment defense is most commonly used in drug trafficking and sex crime cases. In these situations, law enforcement may set up sting operations or undercover investigations that encourage individuals to commit illegal acts. Again, these cases often target folks with no predisposition to commit this sort of offense, yet the government lures vulnerable people into positions that induce a person who, otherwise, had no desire to commit such an offense.

Q: What does “no predisposition” mean in the context of entrapment?

A: “No predisposition” means that the defendant was not inclined or prepared to commit the crime before the government’s involvement. The government must have induced the defendant to commit the crime, and the defendant would not have done so without such inducement.

Q: Why is predisposition important in an entrapment defense?

A: Predisposition is crucial because the entrapment defense hinges on the idea that the defendant would not have committed the crime without government inducement. If the defendant has a history of similar criminal behavior or has shown a willingness to commit the crime in the past, it undermines the claim of entrapment. For example, if someone has a history of drug trafficking and is caught on a wiretap bragging about previous deals, it would be challenging to argue that the government induced them to commit a crime they weren’t predisposed to commit.

Q: Can anyone use the entrapment defense?

A: No, the entrapment defense is not suitable for everyone. It is most effective for individuals with a clean record and no history of similar criminal behavior. For the defense to work, it must be shown that the government’s actions were the primary reason for the criminal behavior and that the defendant had no predisposition to commit the crime.

Q: What should I do if I believe I have been entrapped by the government?

A: If you believe the government has entrapped you, it is essential to contact an experienced criminal defense attorney immediately. They can evaluate your case, determine if the entrapment defense is applicable, and develop a strategy to defend you in court. Contact my office if you are facing charges in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties. I am John Guidry, and I have extensive experience handling such defenses. Let’s see how we can help you navigate this complex situation and work towards the best possible outcome. Thank you for reading this, I hope you learned a few things.