Entrapment Defenses for Miami Criminal Charges

Fighting Back Against Miami Criminal Charges with Entrapment Defenses

Getting arrested and charged with a crime in Miami can be a scary, overwhelming experience. You may feel like the system is stacked against you. But don’t lose hope! There are legal defenses, like entrapment, that can get your charges dropped or reduced. This article will explain entrapment and how a good Miami criminal defense lawyer can use it to help dismiss your case.

What is Entrapment?

Entrapment happens when the police or someone working with them pressures or tricks you into committing a crime you wouldn’t have done otherwise. For example, let’s say an undercover cop keeps asking you to sell him drugs over and over, even though you say no. You have no history of dealing drugs. But after weeks of harassment, you finally give in and sell to the officer. That’s entrapment – you only committed the crime because of police pressure.

Florida law defines entrapment as when police, informants or agents use persuasion or inducements to get you to commit a crime you weren’t already willing to do. Just giving you the chance to commit the crime isn’t entrapment. There has to be active encouragement through pleas, promises, threats etc.

Two Types of Entrapment Defenses

There are two ways to claim entrapment in Florida:

Subjective Entrapment

This defense looks at your state of mind. It tries to show you weren’t already inclined to commit the crime. The defense only needs to show police inducement tipped the scales. Your criminal record doesn’t matter.

Here’s what subjective entrapment requires:

• Police encouraged you to commit the crime in order to arrest you
• You only committed the crime because of their persuasion
• The person who encouraged you was a cop, informant, agent etc.

Once you show this, the burden flips to the prosecution. They must then prove beyond reasonable doubt you were already predisposed to commit the crime before police got involved.

Objective Entrapment

This defense focuses on improper police conduct, not your criminal history. It looks at the total circumstances to see if police crossed the line:

• Did police create a new crime just to arrest you? Or were they disrupting ongoing criminal activity?
• Were the police methods reasonably tailored to catch existing criminals? Or did cops unfairly induce otherwise innocent people?

If police misconduct was outrageous enough, the charges can be dismissed. Your lawyer argues this in a pretrial motion to dismiss.

Real-Life Examples of Entrapment

It can be tricky to distinguish entrapment from legitimate undercover operations. Look at these examples:

Potential Entrapment

• Cops leave a bag with cameras unattended in an airport to see who steals it. You take the bait and they arrest you.
• An undercover officer keeps responding to your ads saying you’re not interested in meeting a minor for sex. But he won’t take no for an answer. After weeks, you agree to meet and he arrests you.

Not Entrapment

• An informant tells you he needs drugs because he’s gravely ill. You feel bad and sell to him. But you’re already involved in dealing drugs – police just created the opportunity.

See the difference? You have to show police used harassment, pleas, threats etc. to get you to commit a crime you wouldn’t have otherwise done.

How Your Lawyer Can Argue Entrapment

If you feel police unfairly trapped you, tell your Miami criminal defense lawyer right away. There are procedures for raising an entrapment defense:

• Your lawyer can file a pretrial motion to dismiss based on outrageous police conduct.
• They can also raise entrapment during trial through motions for acquittal.
• If your case goes to a jury, your lawyer can request an entrapment jury instruction.
• You may need to testify about how police coerced you. Your lawyer can help prepare your testimony.
• They can also present recordings, informants, officers etc. to show police misconduct.

When to Use This Defense

While entrapment often comes up in drug stings, it applies to other undercover operations too – theft, fencing stolen goods, sex crimes, and more.

But it isn’t a one-size-fits-all defense. If you were already predisposed to commit the crime, entrapment won’t work. Your lawyer needs to look at your specific circumstances.

They can analyze the police conduct and your state of mind to see if an entrapment defense makes sense. Don’t be afraid to discuss your case openly with your attorney.

Finding the Right Miami Criminal Lawyer

As you can see, entrapment is complex but can be a powerful defense. Having an experienced lawyer makes all the difference. Look for someone who:

• Has represented clients in entrapment cases before
• Is familiar with Florida entrapment laws
• Has strong litigation skills – and isn’t afraid to challenge police conduct
• Will take time to understand your side of the story
• Will fight aggressively in pretrial motions and in court

Don’t let unfair police tactics ruin your life. The right lawyer can help expose misconduct and get your charges dismissed. There’s hope – fight back with an entrapment defense!