Is entrapment a valid defense?

Texas is tough on criminals. This is particularly true when it comes to drug crimes. If you ever watch crime shows or films, then you probably have heard of entrapment. The United States Department of Justice describes entrapment as a defense to criminal charges. If you have drug crime allegations against you, could it be a case of entrapment? The first step to finding out is to know what entrapment is.

Often entrapment occurs when an officer uses some form of coercion to persuade a person to commit a crime. There are two main rules when it comes to entrapment. The first rule is that the government or police officer has to induce the crime. The second rule is that you did not plan to engage in said conduct to begin with.

This does not mean that police cannot solicit a crime. Often, people mistake entrapment for solicitation. For instance, if an undercover cop purchases drugs from a person who was selling regardless, this is not entrapment. Now, if you have prescription drugs and do not plan to sell the drugs, but a police officer begged you to sell him or her drugs until you broke down and gave in, then this may be entrapment. You did not intend to sell drugs to begin with and would not have had it not been for the police influence.

The importance of an entrapment defense is the predisposition to the crime. You must prove that you were not predisposed to the crime.

The above article is to inform on entrapment. It is not legal advice.