What Does Entrapment Mean and How Can I Use It in My Defense?

 Posted on January 14, 2025 in Criminal Law

Police are meant to protect citizens, keep their communities safe, and stop crimes from happening. However, there are some scenarios when a defendant can claim that he only committed a crime because the police manipulated him into doing so. If you believe you were tricked or pushed by police into doing something illegal that you otherwise would not have done, speak with an experienced Texas criminal defense lawyer about whether you have a valid entrapment claim.

What is Entrapment?

Entrapment is the term used for a defense strategy that involves the defendant claiming he was tricked or forced into committing a crime by government agents or police officers. A key component is the argument that he would not have committed the crime normally, but an undercover agent or police officer encouraged or manipulated him into doing it.

A common example is when a cop works undercover as someone involved in criminal activity and someone else is arrested as a result of the undercover work. The person who gets arrested might say they had never done that illegal activity before but the undercover cop pressured him into it. 

This does not always work as a defense strategy. If the cop offered to sell illegal drugs and the defendant bought them, he could very likely be charged with a crime. However, whether the cop was acting as a drug dealer, car thief, pimp, or another type of criminal, if the defendant can claim that he was persuaded into committing a crime and otherwise would not have done it, it might be a good case for using entrapment as a defense.

There are two main factors in an entrapment defense:

Government Involvement

The police officer or undercover agent must play a significant role in encouraging or persuading the defendant to commit the crime. Simply being at the wrong place at the wrong time is not enough for an entrapment defense.

Predisposition

The court will consider whether it could be reasonably assumed that the defendant would have likely committed the crime anyway regardless of the involvement by the police or government agent. If the prosecution can demonstrate that he was likely to do it anyway, the entrapment defense will probably not work even if the police were involved.

The entrapment defense can protect people from being unfairly tricked into breaking the law by making sure that the police do not overstep their authority and set people up to commit crimes they would not normally commit. It is meant to prevent injustice and ensure fair treatment for all citizens under the law.

Contact a San Antonio, TX Entrapment Defense Lawyer

If you believe you were unfairly manipulated by the police into committing a crime you normally would not have committed, speak with a qualified San Antonio, TX criminal defense lawyer about using an entrapment defense. At Law Offices of Sam H. Lock, we are dedicated to helping you understand your rights and working hard to protect them. Call us at 210-226-0965 so we can review your case and build a strong defense to prevent you from being unjustly punished.