Not all police officers abide by the law. It is an unpleasant fact to confront. However, it may be a valid form of defense to use when a case goes to trial. You may have many defenses available if a suspect believes that the police coerced or bullied him into committing a crime, otherwise known as entrapment.
A person of sound mind and good judgment would not have otherwise taken part in the crime. In this defense, a defense attorney would attempt to prove that the accused would not have been committed the crime had the not police prompted the person.
The Elements of Entrapment as a Defense
If you believe the police led you, encouraged you, or even enticed you with incentives or some reward if you follow through. For obvious reasons, this points to not only corruption and morally objectionable behavior on the part of the police but also is a violation of your legal rights. You can call attention to this in court.
What Constitutes Entrapment?
- The officer planted the premise and encouraged you to take part in the crime.
- The officer went to certain lengths to convince you to commit the act.
- You had no intention of committing a crime until the officer encountered you.
- Any other person of reasonable judgment would acknowledge the criminal aspect and would refuse to participate.
Sometimes, officers may lie about their identity or their intent. In fact, it is quite common for police officers to lie and disguise their identity, impersonate a civilian, or participate in an undercover mission. This is considered legal. So, if you were to confront the person about their identity, then it would no longer be considered entrapment.
On the other hand, here is a clear example of entrapment in a DWI/OVI case: an officer may compel someone to drink and drive if they know the person is already drunk. The officer might be aware that you are intoxicated, but guides you into the vehicle and then later arrests you.
Have Questions? Contact Us!
At Henderson & Weatherly. Co., L.P.A., we investigate cases from top to bottom to search for weaknesses in the evidence. If you have been accused of a crime, by no means are you considered guilty. We are Cleveland criminal defense lawyers who have handled thousands of criminal cases. We know the criminal justice system inside and out—and we can use this to your advantage.