Using the Entrapment Defense in Brooklyn Drug Stings
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Using the Entrapment Defense in Brooklyn Drug Stings
Being charged with a drug crime after getting caught up in an undercover sting operation can be scary and overwhelming. You may feel like you were tricked or manipulated into doing something you wouldn’t normally do. This is where an entrapment defense can potentially help.
What is Entrapment?
Entrapment is a legal defense that claims law enforcement officers induced or persuaded you to commit a crime you otherwise wouldn’t have committed. For example, if an undercover cop pressured you multiple times to sell them drugs when you didn’t want to, you could argue entrapment.
According to Avvo, entrapment typically requires two things:
- Police induced, persuaded, or tricked you into committing a crime
- You weren’t already predisposed to commit that crime
If you had the intent and desire to commit the crime without police persuasion, then entrapment likely won’t apply. The defense aims to prevent overzealous law enforcement tactics that manufacture crime rather than prevent it.
Using the Entrapment Defense in Brooklyn
Brooklyn and New York City as a whole are known hot spots for undercover drug stings. Police frequently pose as buyers or dealers to catch people selling drugs. According to FindLaw, common sting tactics used by the NYPD and federal agencies include:
- Undercover officers initiating contact and persistently requesting to buy drugs
- Informants befriending targets and talking them into selling drugs
- Leaving bait packages like bricks of sham cocaine hoping targets will take them
These tactics can pressure otherwise law-abiding people without reliable access to income into committing “crimes of opportunity.” This is where Brooklyn defense attorneys would argue entrapment.
According to prominent New York law firm Roth & Roth, the main questions become:
- Would the defendant have committed this crime if not persuaded by police?
- Was the defendant reluctant and then talked into it, or ready and willing?
Demonstrating hesitation or reluctance to break the law is critical for any chance at an entrapment defense. The defense also tends to work better for first-time offenders rather than those with established drug selling operations.
Proving Entrapment
Unfortunately, proving entrapment involves challenging police conduct. According to New York Law Journal, this makes it an uphill battle in the courts.
A successful entrapment defense typically requires:
- Concrete evidence of police coercion like recordings
- Testimony about the defendant’s character and past to show no prior criminal inclinations
- Proof the defendant resisted multiple attempts by police to get them to commit the crime
Without solid evidence, it becomes the defendant’s word against the police. Judges and juries rarely side with defendants in these scenarios. Still, in the right circumstances with a skilled Brooklyn defense lawyer, entrapment claims can succeed.
Other Defenses Against Brooklyn Drug Stings
If entrapment seems unlikely to prevail, other defenses Brooklyn lawyers might utilize against sting operations include:
- Illegal searches – How police recovered evidence can be scrutinized to potentially have it thrown out. For example, if police searched your car or property without consent or probable cause.
- Miranda violations – Failure to read you your rights or coercing a confession without an attorney present.
- Invalid warrants – Mistakes on the warrant could make busts and evidence collection illegal.
An experienced drug crimes lawyer will analyze all potential defenses given the specifics of your case. The goal is getting charges reduced or dismissed entirely.
Why the Entrapment Defense Matters
The entrapment defense is an important check on government power, even if it doesn’t always work. Without it, law enforcement could essentially create criminals and manufacture crime statistics rather than fighting real crime.
According to LawInfo, the defense exists to deter police overreach and preserve civil liberties. It provides recourse against coercive sting operations targeting vulnerable groups.
If you feel trapped or tricked into committing a drug crime you wouldn’t have otherwise considered, don’t hesitate to explore the entrapment defense. An experienced attorney can advise you on whether it could apply to your case.