Richards Law 101: The Entrapment Defense
by
Ray E. Richards, II on Feb. 08, 2013
Criminal Felony Criminal Misdemeanor Criminal White Collar Crime
Summary: The in's and out's of the Entrapment Defense
Richards Law 101…The Infamous Entrapment
Defense
For example, you can use this defense if an undercover agent tried to sell you illegal objects at a departmental store. However, this would not hold ground if you were roaming in an area known for illegal dealings and came across the undercover agent to buy those.
What are the components of this strategy? Two essential components make up this strategy. One, there was government inducement or persuasion to commit the crime. Two, in the absence of the government inducement or persuasion, you would not have committed the crime.
Which side has the burden of proof? Initially, this is on the defendant's side. Your criminal defense lawyer would need to establish that there was government inducement/persuasion. Next, it is the prosecution's task to prove that this provided just an opportunity for the defendant already having criminal intent.
Does this always succeed? This is no secret formula for success in a criminal case. With proper legal representation, it is possible to come up with a good defense strategy. However, the specific circumstances of your case would dictate whether this strategy succeeds or not.
How can your attorney help? Only when you have a qualified and experienced attorney specializing in criminal defense, you have a chance to prove your innocence. Right from entering a plea to formulating the proper defense, a capable legal practitioner could handle each step of a criminal proceeding with ease.
Getting in touch with a criminal attorney is necessary to formulate the right defense strategy that could help lessen the gravity of the consequences.
Your attorney may come with different strategies to use in your case. However, if there was an inducement or persuasion on the part of a governmental agency, you may use the entrapment defense. Whether you are facing or have been charged with a felony or a misdemeanor, you need a good attorney for the task from the very beginning of the case