Entrapment occurs when a law enforcement agent induces a defendant to commit a criminal offense that he or she was unlikely to commit otherwise.
While it's true that law enforcement is allowed to build a case against someone through the use of deception, "entrapment" is used as a defense in criminal law when the police overstep accepted rules and regulations in the course of undercover work.
Entrapment occurs when law enforcement "tempts" someone to commit a crime that would not have been committed otherwise. It can occur during undercover operations, or during online stings, such as:
Florida law recognizes two types of entrapment relating to criminal law. With "subjective entrapment", a defendant must show that a government agent induced the defendant to commit an offense, and that the defendant was not ready to commit the crime.
"Objective entrapment" occurs when law enforcement clearly oversteps the boundaries of law, and cause a crime to be committed by the defendant. Below is an example:
Lacking evidence to arrest a defendant on sex crime charges, the police send a confidential informant to teach the defendant how to deal drugs, so that later the police can arrest the defendant on drug trafficking charges.
In this hypothetical example, the police have completely orchestrated the defendant's involvement with drug trafficking; the defendant clearly would not have committed the crime without being induced by law enforcement or their agents to do so.
If you feel you've been entrapped by law enforcement in the Orlando area, make an appointment with Blaine today.