Entrapment in a Miami criminal case is constituted when law enforcement persuades or pressures someone into committing a crime they would not have otherwise committed.
It is a legal defense that may result in charges being dismissed if the defendant can prove they were unlawfully induced by police or government agents.
Florida courts frequently encounter entrapment arguments in undercover operations involving drug sales, prostitution stings, and complicated financial crimes. However, not all deceptive tactics used by law enforcement qualify as entrapment.
The law carefully distinguishes between merely providing an opportunity to commit a crime and improperly encouraging or coercing someone to do so. A Miami criminal defense lawyer can explain whether your situation may constitute entrapment.
How Our Firm Approaches Entrapment Claims
At DMR Law, our Miami criminal defense team understands what it takes to assert an entrapment defense in Florida courts. These cases require a thorough examination of the interactions between law enforcement and the accused, as well as a clear legal strategy rooted in state law.
Entrapment is addressed under Florida Statute § 777.201. The statute defines entrapment as a situation where law enforcement, or someone acting on their behalf, induces or encourages a person to commit a crime. They must do so through persuasion, fraud, threats, or pressure, creating a substantial risk that someone not otherwise inclined to commit the offense will do so.
Florida follows a subjective test in most criminal cases. This means the focus is on the defendant’s predisposition to commit the crime. If the person was already willing or likely to commit the offense, the entrapment defense is unlikely to succeed. However, if the defendant only committed the act due to law enforcement’s actions, an entrapment defense may apply.
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How Courts Determine Predisposition
One of the most critical elements in an entrapment defense is whether the defendant was predisposed to commit the crime before law enforcement got involved. Florida courts will look at the defendant’s background, behavior, and prior criminal record to assess this.
Some of the factors a judge or jury might consider include:
- Whether the defendant initiated or resisted the idea of committing the crime
- How quickly the defendant agreed to participate
- Any previous involvement in similar criminal activity
- Statements made before or during the alleged offense
If the evidence shows that the defendant had no intent or inclination to commit the crime before law enforcement’s involvement, the entrapment defense becomes significantly stronger.
On the other hand, if there is any indication that the defendant was already willing or planning to break the law, the defense is likely to fail.
Examples of Entrapment in Miami Criminal Cases
Entrapment issues frequently arise in scenarios such as:
- Drug sales: Undercover officers repeatedly urge someone to obtain or sell drugs, even after initial refusals. A Miami drug trafficking defense lawyer can support your case.
- Prostitution stings: Decoys aggressively solicit individuals who had no prior intention to engage in the activity.
- Fraud investigations: Agents suggest or push for illegal financial actions that the defendant had not previously considered.
In each of these situations, proving entrapment involves showing that the government’s involvement went beyond merely offering an opportunity; it created the crime itself.
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What Does Not Count as Entrapment?
It’s essential to recognize that not every instance of undercover policing or deception constitutes entrapment. Courts have consistently ruled that merely providing an opportunity to commit a crime, even with some level of encouragement, is not sufficient.
For example:
- If the suspect had already expressed interest in committing the crime, entrapment cannot be claimed.
- If the person was actively seeking illegal activity and the police merely facilitated it, the defense is unlikely to succeed.
- Being uncomfortable with the charges or surprised by an arrest is not a legal basis for an entrapment claim.
The burden is on the defense to show that law enforcement crossed the line and that the accused was not predisposed to commit the act.
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Building a Strong Defense
Asserting entrapment as a defense requires substantial evidence, including communications, recordings, and testimony that show coercion or improper inducement by law enforcement. Our legal team knows what to look for in these cases and how to challenge the prosecution’s narrative.
To prove entrapment in a Miami criminal case, we start by:
- Reviewing all police reports and recorded interactions
- Identifying signs of pressure, manipulation, or repeated requests
- Comparing the case facts against the standards in Florida Statute § 777.201
- Presenting a clear, consistent argument that the client was unfairly influenced into committing the crime
Protecting Your Rights When Law Enforcement Goes Too Far
Entrapment is meant to act as a safeguard built into the justice system to prevent abuse of power. If law enforcement manufactures a crime by targeting individuals who would not otherwise offend, the system must intervene.
At DMR Law, we are committed to proving entrapment in Miami criminal cases where defendants were set up by unlawful policing tactics.
Our attorneys leverage decades of combined experience and deep knowledge of Florida criminal law to protect your rights and pursue dismissal when entrapment can be shown.
Get Legal Help Today
If you believe you or a loved one has been entrapped by law enforcement in Miami, don’t wait to take action. Contact DMR Law for a confidential consultation. We’ll evaluate your case, review the conduct of law enforcement, and determine whether entrapment applies to your charges.
With our nearly 60 years of combined experience and detailed knowledge of Florida’s criminal statutes, we’ll fight to ensure your rights are upheld and your case is resolved fairly. Call our team today.
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