California Entrapment Law & Defense
To entrap another person means to induce another person to commit a crime that they would not ordinarily be inclined to commit.
Entrapment by police is a defense to many California crimes. If the defendant is found to have been entrapped by the police a criminal defense attorney may have his or her client acquitted of the criminal charges.
Entrapment occurs when law enforcement overreach in their efforts to catch criminals. For example, when law enforcement officers use scantily clad undercover officers who pose as prostitutes on a street corner and the prostitutes (undercover officers) flag down unsuspecting passersby for the purpose of catching defendants who are otherwise not looking for prostitutes.
Entrapment occurs when the police promote, encourage, or create a crime and the defendant does very little to complete the crime. For public police reasons the law of entrapment is designed to stop law enforcement from setting up criminal conduct.
The defendant has the burden of proving entrapment by a preponderance of the evidence. This means that the defendant must show more likely than notthat he or she was entrapped. Ordinarily, the defendant has the right to remain silent through every stage of a criminal case, including trial; but, if the defendant claims that he or she is entrapped he or she must put on at least some evidence of the facts that lead to his or her entrapment.
The most common crimes where the defense of entrapment is used include drug crimes, prostitution crimes, conspiracy crimes, traffic offenses, and illegal gaming and gambling. The defense of entrapment may apply to infractions, misdemeanors, and felonies in California.
As stated, if the defendant is found to have been entrapped by the police he or she is entitled to an acquittal of the criminal charges. This is true even if the defendant pleads guilty or is otherwise found guilty by a jury.
Entrapment is an affirmative defense which means that the defendant can be in fact guilty of the alleged crime but is never the less entitled to a not guilty verdict because of law enforcement's promotion of the crime.
If you have been charged with any traffic infraction, misdemeanor, or felony in California and you believe that you may have been entrapped by the police, call criminal defense attorney Christopher Dorado today.
Attorney Dorado represents defendants who are charged with any criminal offense in California, including major complex felonies, and consultations are provided to clients by one of our experienced criminal defense attorneys at no cost to the accused or his or her family.
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