The law exists to protect citizens from themselves and others. Violations of the law are punishable through legal action. The law and judges expect citizens to resist the temptation to break the law under normal circumstances. In some cases, however, law enforcement officers will use a tactic known as criminal entrapment to entice, coerce, or lure a person to engage in criminal activity and then arrest and prosecute them.
At the Law Offices of Murphy and Price, LLP, we have seen every criminal prosecution tactic and are well versed in the tricks that law enforcement may use to elicit a confession or catch a criminal in the act. We are here to defend the rights of citizens and reduce the criminal conviction of undeserving parties. In today’s post, we are going to take a look at what entrapment is, how law enforcement may attempt to use this tactic on you, and your criminal defensive rights. If you have been the victim of law enforcement criminal entrapment by Colorado Springs Police Department or El Paso County Sheriffs, don’t hesitate to contact the Law Offices of Murphy and Price for the criminal defense you deserve. We offer complimentary consultations and will begin building your case as soon as you contact us.
What is Criminal Entrapment?
Entrapment is an interaction between law enforcement and citizens in which the law enforcement officer will use overbearing or coercive tactics to lure someone to commit a crime. Entrapment is different from simply providing an opportunity for someone to commit a crime. Entrapment involves direct engagement and applied pressure to commit a crime. For instance, an undercover cop posing as a sex worker in an area known for prostitution is simply offering an opportunity for a person to commit the crime of soliciting a prostitute. However, when that undercover cop directly approaches someone and makes offers, they are committing criminal entrapment. Where the average person may have resisted the temptation of opportunity, when the offer is personalized and pressure to comply is applied, the person may be less apt to resist and commit the criminal act.
How Prosecutors Will Attempt to Use Entrapment Against You
Prosecutors may attempt to use any action you make as a predisposition to commit the crime that the law enforcement officer attempted to coerce you to commit. Criminal entrapment is an affirmative defense, meaning that you will admit that you committed the crime and then attempt to prove that under regular conditions, without the overbearing coercion by the law enforcement officer, you wouldn’t have. This can be a difficult defense to successfully enact, but in the case where you were directly involved with a law enforcement officer, you should never attempt to make a criminal entrapment defense on your own. You’ll need an experienced criminal defense attorney on your side.
Understanding Your Legal Rights
Any action that a law enforcement officer takes to lure a person to commit a crime warrants a criminal entrapment defense. If the actions the officer took to elicit the criminal act would have lured any normal law-abiding citizen to break the law, or even consider breaking the law, it can be reasonably argued as entrapment. The prosecution will have the task of proving, beyond the shadow of a doubt, that an accused person would have committed the crime with or without the law enforcement officer’s intervention based on predisposition. This is to say that the prosecutor is responsible for proving that the accused would have committed the crime anyway.
As we have discussed in previous posts, law enforcement officers do not have to be entirely truthful in their attempts to extract information. With this in mind, it is critically important that you know your rights and exercise them. You have the right to remain silent, and we strongly encourage you to do just that. At the time of arrest, do not make excuses or claim entrapment, simply do not say anything other than you’d like to speak to your lawyer. You have the right to contact an attorney, and at Murphy & Price, LLP, we will begin building your defense as soon as you contact us.
Get the Criminal Defense You Deserve at Murphy & Price, LLP
At the Law Offices of Murphy & Price, LLP in Colorado Springs, we have been practicing criminal defense for more than 25 years. We are familiar with local law enforcement and prosecution tactics. We are able to provide the criminal defense you deserve. If you are facing any form of criminal charges, contact us right away.