West Palm Beach Entrapment Lawyer
It goes without saying that not everyone charged with a crime committed that offense. Innocent people are accused of criminal acts every day. Furthermore, thousands of victims are essentially tricked into committing illegal acts, and then charged by the very law enforcement officers who tricked them into committing that act. This is called entrapment. Entrapment can be sued as a defense to a criminal act, thereby excusing the illegal behavior and setting the defendant free. Here at the law firm of William Wallshein, we believe that illegal trickery and coercion should never be allowed by law enforcement to arrest individuals for acts they would not have done otherwise. If you were arrested for a crime and are a victim of entrapment, our West Palm Beach entrapment lawyer can help.
Two Types of Entrapment Recognized in Florida
In Florida there are two types of entrapment recognized. The first is called subjective entrapment and in this defense the person charged with the crime must prove through a preponderance of evidence that the only reason they committed the crime was because they were enticed or induced by a law enforcement official. They were not predisposed to commit that criminal act on their own accord. The second type of entrapment recognized in the state is called objective entrapment and it focuses on the conduct of the law enforcement. If the tactics used by the law enforcement could sway a reasonable, law-abiding individual into breaking the law, then there may be a case for objective entrapment. In objective entrapment defense cases, the defendant’s criminal record is not admissible.
Who Can Commit Entrapment?
Law enforcement regularly push innocent people into committing crimes. Whether they have a quota of arrests to make, or have come to a dead end in an investigation and need a scapegoat, entrapment is a tool used all the time by the police. According to Florida Statute 777.201, the following people can entrap an individual:
- Law enforcement officer;
- A person engaged in cooperation with a law enforcement officer; or
- A person acting as an agent of a law enforcement officer.
Common Cases Where Entrapment Applies
- Solicitation of prostitution;
- Sex crimes;
- Traveling to meet a minor;
- Drug trafficking;
- Drug possession; and
- Massage without a license.
While not usually successful in sting operations, according to the New York Times, entrapment defense may be useful in your case to have the charges completely dropped, or at least reduced during plea deal
Speak to a West Palm Beach Defense Attorney to See if Entrapment is a Defense for Your Case
If you have been charged with a crime, it is important to seek legal counsel who can protect your rights, advise you on the process, and help you with a defense strategy. If you believe you were coerced by a law enforcement official to commit a crime that was not in your nature to commit or that the law enforcement stepped out of line in your case, your defense may be entrapment. To learn more about entrapment and discuss your case with an experienced West Palm Beach entrapment attorney, contact William Wallshein. Call 561-533-1221 to schedule a free consultation today.