Entrapment arises in criminal cases when law enforcement pressures or persuades someone into committing a crime they would not have committed on their own. Courts take this defense seriously because the Constitution prohibits the government from manufacturing crime. If police cross the line, we raise the defense of entrapment to protect you.
What Entrapment Means in Law
Entrapment occurs when police or federal agents influence a person with no prior intent to commit an offense. The law looks at whether you already had a plan to commit the crime or whether the government created the situation. If officers persuaded or pressured you into an act, the court may dismiss the charges.
The key issue is predisposition. If you had no history or inclination to commit the offense, but an undercover officer or informant convinced you, the law sees that as entrapment. In those situations, we argue that the government manufactured the crime, and the evidence should not stand.
Police Conduct That Leads to Entrapment Claims
Entrapment defenses depend on what the police did. If an officer simply presented an opportunity, the court may not view it as entrapment. But if the officer urged you, pressured you, or threatened consequences unless you acted, we argue the police crossed the line.
Common examples include undercover operations where officers pretend to be friends, business partners, or buyers. If the officer repeatedly pushed you to commit the act or promised benefits to convince you, that behavior supports an entrapment defense. We review every detail of those interactions, including recordings, text messages, and testimony, to show how law enforcement created the crime.
Burden of Proof in Entrapment Cases
Once we raise entrapment, the court shifts focus to whether the prosecution can prove you were already inclined to commit the crime. In many states, prosecutors must show beyond a reasonable doubt that you intended to commit the offense before police became involved.
In other courts, we may need to first present evidence that shows entrapment is more likely than not. Once that threshold is met, the burden shifts back to the state. Our work involves gathering records, examining your background, and showing the absence of predisposition. This step forces the prosecution to prove intent instead of relying only on the actions of undercover officers.
Court Standards for Entrapment Defenses
Judges and juries apply standards that focus on two questions: did you have a predisposition to commit the crime, and did the government push you into it? Courts examine your past conduct, criminal record, and the nature of the interaction with law enforcement. If you had no prior involvement in similar activity, we argue that the government created the situation.
Courts also use an objective test. They ask whether an average person, placed in the same situation, would have committed the crime under the officer’s pressure. If the tactics would have swayed a law-abiding person, the entrapment defense gains strength. Our job is to show how the officer’s methods went beyond offering a chance and crossed into coercion.
Attorney Experience That Matters
Entrapment cases require careful strategy. A defense attorney must know how to question police tactics, highlight weak points in the prosecution’s evidence, and show how the government created the offense.
Our work includes reviewing every step of the sting operation. We examine the agent’s approach, the language used, and the length of contact before the arrest. We often bring in experts to explain how inducement works and why someone without predisposition would act under government pressure. Experience in these defenses makes the difference between a conviction and dismissal.
Schedule a Consultation with a Defense Attorney
If you face charges and suspect entrapment, you need to know how the defense applies to your case. Contact Phillips Carson Phillips today by calling (912) 232-0081 for a free consultation with a Savannah criminal defense attorney/lawyer. We offer consultations to review your situation, explain the law, and assess the strength of an entrapment defense.