Drug Crimes Entrapment
Drug Crimes Lawyers Providing Vigorous Defense Against Entrapment in Ann Arbor, Detroit, Grand Rapids, Lansing and Throughout Michigan
On some occasions, an individual who is under investigation or who has been charged with a drug crime may be able to claim entrapment, however it is vital that you consult with a highly skilled Michigan drug crimes attorney. At Grabel & Associates, we want to make individuals who have been accused of a crime aware of what entrapment is, and when it may be used as a defense.
What is entrapment?
Basically, entrapment occurs when an individual commits a crime that he or she would not have committed and had no intention to commit had the individual not been deceived by a police officer or government agent. We have all seen television shows in which the alleged criminal was "set up" by police. Entrapment charges most often are in connection with drug crimes and prostitution.
Entrapment is extremely difficult to prove, primarily because it is not against the law for law enforcement officials to provide an opportunity for an individual to commit a crime. The problem comes in when trying to prove that the defendant took the opportunity offered by police or other authorities of his or her own volition. Whether it is an effective defense also hinges on whether it can be proven that the defendant is predisposed to committing a drug crime. For instance, someone who has sold or purchased illegal drugs or substances in the past is predisposed, or more likely to repeat the behavior than someone who has never engaged in drug activity.
Proving entrapment in court is not easy; however, it is more difficult to prove entrapment in federal courts than in a state court in Michigan. In the case of state courts, more effort is usually placed on demonstrating that police acted egregiously, or in other words engaged in conduct which is unlawful in order to entrap the defendant. While predisposition or the state of mind of the accused individual is a factor, it is not looked at subjectively as it is in federal courts.
Undercover Drug Deals and Entrapment Defense
Law enforcement frequently engage in sting operations or undercover drug deals in order to catch an individual dealing in drugs or participating in any activity that is unlawful. Unfortunately, entrapment is rarely successful when used as a defense because of the fact that under Michigan law, when police or other law enforcement officials provide the opportunity for an individual to commit a crime, it is not considered entrapment. It must be proven that the defendant is a law-abiding citizen who except for the fact that police caused him or her to commit a crime, would not otherwise have been committed.
Contact Our Michigan Drug Crime Lawyers Today
Only an experienced attorney can determine whether entrapment may be a viable defense in your situation. Even if the claims are not sufficient to prove entrapment, it may be that there is adequate egregious behavior of police or law enforcement officials to support a plea bargain, which would ultimately result in less severe punishment.
At Grabel & Associates, we fight vigorously on behalf of our clients, working hard to obtain positive results. Contact our office today at 1-800-342-7896 or online for a free consultation.