Experienced, Effective Criminal Defense Attorneys

Entrapment

Since 1932, the United States Supreme Court has recognized the defense of entrapment.

An entrapment defense may be asserted when the government causes or induces an otherwise innocent person to commit a crime.

The two (2) basic elements of entrapment are (1) government inducement to commit the crime; and (2) absence of predisposition by the defendant. Basically the defense says that law enforcement may not implant in a person’s mind the disposition to commit a criminal act.

To properly present an entrapment defense a person must show evidence that he was:

1. induced to commit the crime by an agent of the government (usually the police or someone working for the police); and
2. not otherwise being predisposed to commit that crime.

So you must successfully prove that the government induced you to commit the crime and that you were not predisposed to commit the crime.

Generally the defendant has the initial burden of proving some form of evidence and lack of predisposition. Once this has been done, the burden then shifts to the government to prove, beyond a reasonable doubt, that the defendant committed the crime because he or she was predisposed to commit the crime.

Entrapment is generally a question for the jury to decide and the Court should charge the jury on the law of entrapment if there is sufficient evidence from which a reasonable jury could find entrapment.

Entrapment by Estoppel

The defense of entrapment by estoppel arises when a government official tells a defendant that conduct is legal and the defendant commits what would otherwise be a crime in reasonable reliance on the representation by the government agent.

The circuits differ on what the elements of proof are.

While this defense focuses primarily on the actions of the government officials your reliance must be reasonable.

Realistically, a government official must tell the defendant that the conduct is permissible and the statement must be made directly to the defendant, not to other people.

A strategic, well planned defense by an experienced criminal defense attorney is essential to protecting your rights.  Founded by former U.S. Attorney and Assistant Solicitor, Pete Strom, the criminal defense attorneys at the Strom Law Firm, LLC include a former public defender, and a former Assistant Attorney General and Richland County Assistant Solicitor, as well as a tax lawyer familiar with IRS investigations.  Our experience and familiarity with prosecutorial techniques provide the basis for experienced and effective legal representation. We will fight hard to have your charges reduced, or even dismissed. Contact us today for a free consultation to discuss the facts of your case as well as the best possible defenses.  We offer flexible payment options and accept Visa and Mastercard.