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Did law enforcement entrap you and charge you with a drug crime?

On Behalf of | Jun 28, 2023 | Criminal law

Getting arrested on a drug distribution charge is a serious event. At the least, you could face hefty fines and community restrictions. At worst, you could lose years of your life to a prison sentence.

Entrapment does occur, but it can be notoriously challenging to show that the police used entrapment to get you to make a drug sale. Read on to see whether it could be a credible defense to use in court.

Elements of entrapment

During an investigation, it is perfectly legal for the police to lie to you. Some people mistakenly believe that if they ask an undercover agent if they are working for the police that the agent has to tell the truth. In fact, the opposite is true. Police can (and do) lie to defendants all the time to crack a case or ensure a conviction.

But a seasoned criminal defender can review your case to see whether two critical elements were involved in your drug case. They are:

  • Government agents (police and those working as informants) induced your involvement in the crime, and
  • You were not already predisposed to engage in the crime

The latter is the primary defense in a case, and here’s why. Even if you were coerced in some way to sell the drugs – such as when your “friend” alleged they were suffering intractable pain and you wanted to alleviate their suffering – if the prosecution can prove that you already were predisposed to commit the criminal act, that negates the inducement element.

You may have more viable defense strategies

Even if entrapment cannot be used as a defense in your drug case, there are other strategies that may be used to chip away at the prosecution’s case against you. Some of these include challenging the chain of evidence, the veracity of witness testimony and procedural moves to disallow evidence against you.

Remember, your defense begins with your arrest. Assert your right to remain silent until you speak to a criminal defense attorney.