In a state that has significantly cracked down on drug offenders, the rights of the defendant seem to have fallen by the wayside; however, given some of the practices that are currently in place for catching and prosecuting drug defendants, consideration needs to be made for the defendants who are arrested and subsequently charged with this type of criminal offense. If the methods used to make a drug arrest are not in line with the legal protocols expected of law enforcement officers in these situations, a strong defense can be built on the defendant's behalf.
As defined by California law, entrapment refers to any situation in which a typically law-abiding individual is provoked to commit a crime that he or she would not otherwise have committed. In relation to drug offenses, entrapment suggests that a law enforcement officer used some form of overbearing conduct, i.e. harassment, threats, pressure, flattery, or even fraud, in order to prompt an individual to commit a drug offense of some nature.
Entrapment goes beyond an officer staging an opportunity for participation in an illegal activity. Rather, entrapment is reserved for situations in which blunt enticement is made in order to prompt an individual to commit a particular crime. Among drug defendants who've been arrested under such circumstances, methods such as harassment and unwarranted pressure are often applied. In some cases, fraudulent statements which suggest that certain conduct is legal are made in order to induce a crime as well.
As was mentioned earlier, the state of California is hotly pursuing cases of drug crimes, and the intensity with which these situations are approached can often prompt an officer to engage in less than professional acts. Therefore, it should come as no surprise that entrapment has become a widely recognized way to approach situations that are believed to be connected to some type of drug offense. The results, however, are not necessarily an accurate reflection of the true nature of the issue at hand. Rather than convict guilty suspects, entrapment often ends in the arrest of an otherwise innocent subject.
Important to note about entrapment laws is the fact that methods of execution do not necessarily have to be made by a law enforcement officer. Also capable of "entrapping" a potential defendant are designated agents of officers, some of whom may not even be aware that the person from whom they are taking instruction is an officer with ulterior motives. In essence, this makes it significantly easier to enforce entrapment methods upon those who don't stand to benefit in any way.
Proving that you were the victim of entrapment is a job that should be executed by none other than an experienced defense attorney. Only with the skillful help of an experienced legal professional can you feel safe in knowing that the form of entrapment that was used against you can be aggressively fought in court. Therefore, you should not wait to speak with a Los Angeles criminal defense attorney from our firm. We are acutely aware of the fact that too many California drug crimes involve undercover drug busts, which is a prime example of entrapment at its finest. As such, we are prepared and willing to go to bat for those who were wrongfully accused in order to ensure that they are not also wrongfully convicted.