If you or a loved one believes that you have been tricked into committing a criminal offense, you may be entitled to a hearing to establish whether you have been entrapped as a matter of law.
Occasionally, the government oversteps the line between setting a trap for innocent individuals and the not so innocent criminal. Sometimes the government or its agents cause someone to commit an offense when the individual is not predisposed to commit the crime.
Law enforcement agents may not create a criminal offence, implant in an innocent person’s mind the disposition to commit the criminal act, and then cause the commission of the crime so that the government can prosecute the person.
What Is Entrapment?
When the police cause an individual to break the law, the defense of entrapment is an issue, and the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the criminal act before being approached by the police. Law enforcement agents may not play on the weaknesses of an innocent party and influence them into committing crimes which they otherwise would not have attempted. Law enforcement officials go too far when they implant in the mind of an innocent person the disposition to commit an offense and cause its commission. When the government’s quest for convictions leads to the apprehension of an otherwise law-abiding citizen who, if left to his own devices, would have never run afoul of the law, the courts can and do intervene.
Should I Contact a Criminal Defense Attorney?
In entrapment cases two questions of fact arise: (1) did the agent cause the accused to commit the offence charged; and (2) if so, was the accused ready and willing, without persuasion, to commit the offence. The defendant bears the initial burden of proving a lack of predisposition. However, when the defendant produces evidence of a lack of predisposition, the burden shifts to the State to rebut the evidence beyond a reasonable doubt.
In certain cases, the question of whether an accused was entrapped is a question for a judge to resolve as a matter of law.
- The first question is whether an agent of the government induced the accused to commit the offense charged.
- If the answer is yes, then a second question arises as to whether the accused was predisposed to commit the offense charged, that is, whether the accused was ready and willing, without persuasion, to commit the offense.
- The third question is whether the entrapment issue should be decided by a judge or submitted to a jury.
If the facts are undisputed and reasonable people could not disagree, then the trial court may rule on the entrapment issue as a matter of law. Contact a criminal defense lawyer and request a hearing to determine if you have been entrapped as a matter of law
Why Fernandez & ?
If you or someone you know has been arrested and believe that you have been tricked or entrapped by law enforcement, you may be entitled to a hearing to determine whether you have been entrapped as a matter of law. If a judge finds that you have been entrapped as a matter of law, you may be entitled to have the case dismissed. If you or a loved one has been arrested in the Tampa Bay area and needs help, Fernandez & will guide you through the process. Call Fernandez & for a free and confidential consultation. The attorneys at Fernandez are bilingual as well.
Tampa Criminal defense attorney Daniel J. Fernandez has experience with entrapment cases and will work diligently to get your case dismissed. Attorney Daniel J. Fernandez can help guide you through the process. If you need legal assistance with an entrapment issue, call Daniel J. Fernandez of Fernandez & at (813) 229-5353.
