Understanding Entrapment Laws in Orlando

Entrapment

While it’s true that law enforcement can legally build a case using some forms of deception, there are limits. They are allowed to present an opportunity for a person to commit a crime. However, when they trick a person into breaking a law they otherwise would not, that’s entrapment.

Those tricks may include fraud, repeated pleading, badgering, harassment, bribery, or even flattery. Most frequently, this occurs during undercover stings for prostitution, traveling to meet a minor, dealing in stolen property, and drug trafficking.

Florida law recognizes two types of entrapment:

“Subjective Entrapment” focuses on both the conduct of the government and the state of mind of the defendant. During trial, a defendant must show that a government agent induced the defendant to commit an offense, and that the defendant was not ready (or “predisposed”) to commit it. If there are no facts in dispute, the judge can make a ruling which may result in the case being dismissed. If there are facts in dispute, then the jury must decide.
“Objective Entrapment” focuses on the conduct of the government alone. Law enforcement must be interrupting ongoing criminal acts using methods reasonably tailored to catch those involved in the crime rather than inducing law-abiding citizens to violate the law. In a pretrial motion to dismiss, the defense must show outrageous government conduct, which clearly oversteps the boundaries of law, violates fundamental fairness and due process, and offends the senses of the court. This is a very high standard for the defense to meet and is quite rare.

Florida law recognizes two types of entrapment:

“Subjective Entrapment” focuses on both the conduct of the government and the state of mind of the defendant. During trial, a defendant must show that a government agent induced the defendant to commit an offense, and that the defendant was not ready (or “predisposed”) to commit it. If there are no facts in dispute, the judge can make a ruling which may result in the case being dismissed. If there are facts in dispute, then the jury must decide.

“Objective Entrapment” focuses on the conduct of the government alone. Law enforcement must be interrupting ongoing criminal acts using methods reasonably tailored to catch those involved in the crime rather than inducing law-abiding citizens to violate the law. In a pretrial motion to dismiss, the defense must show outrageous government conduct, which clearly oversteps the boundaries of law, violates fundamental fairness and due process, and offends the senses of the court. This is a very high standard for the defense to meet and is quite rare.

If you feel you’ve been entrapped by law enforcement in the Orlando area, make an appointment with Blaine today.

Understanding Entrapment Laws in Orlando

Entrapment

Florida law recognizes two types of entrapment:

Florida law recognizes two types of entrapment:

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