You may have heard of the term entrapment before, but do you really know what it means? Is it a valid defense for a drug charge? Under what circumstances is an entrapment defense able to hold up in a court of law?
Keep reading for more information on what entrapment is, and how it can or cannot be applicable.
What is entrapment?
According to FindLaw, entrapment is the term used when a government agent somehow convinces you to commit a crime that you would not have participated in otherwise. The term government agent is important here and may include more people than you think as it can also apply to civilians. For example, if someone you normally interact with is under the direction of an agency without your knowledge, they are a government agent working undercover.
When is entrapment a good defense?
Generally speaking, you can prove entrapment in a couple of different ways. You must prove that a government official put undue pressure on you to perform an illegal act, or that a government agent misled you into believing if you did not commit the crime, someone else would. If a government agent threatens you with physical harm or blackmail to commit the crime, entrapment could be a good defense strategy.
Is entrapment a valid defense for a drug charge?
Entrapment may not work well for a drug charge, especially if you have a history of drug use. This is because entrapment only applies if you commit a crime you would not have normally done without this influence. If you buy drugs regularly, entrapment is unlikely to hold up in court.