The argument that it was someone else’s fault for persuading you to commit a crime will not hold up in court. But in limited circumstances, you just might be able to get your charges dismissed if you can prove that you were coaxed into committing a crime by an official agent of the law. This concept is known as entrapment.

In New Jersey, entrapment is an affirmative defense that must be proven by the preponderance of the evidence. This defense must be used carefully, because as with any affirmative defense, you are essentially admitting to the conduct at issue. After acknowledgment of your actions, you must go on to show why you should not be held responsible for those actions. It is important to secure expert legal representation through a Burlington County entrapment attorney.

The Art of the Entrapment Defense

In order to be considered entrapment, the inducement must come from a law enforcement official or agent (a private party/non-official does not count as entrapment) for the purpose of obtaining evidence. Before using the entrapment defense in court, you must be sure that you can prove the following:

1. The inducer made false statements or representations in order to lead the defendant to believe that the conduct was not illegal; or
2. The inducer persuaded in such a way that created a substantial risk that such offense would be committed by persons other than those who were ready to commit it.

If one of the above is proven, then the defendant must be acquitted of the applicable charges. The second instance is the most common. However, a defendant cannot use this defense when he is charged with an offense that includes causing or threatening bodily harm.

This affirmative defense will not hold up if the prosecution can prove that the defendant was unusually susceptible to the inducement and that an ordinary citizen would not have succumbed to the type of inducement to which the defendant succumbed. In other words, if the individual was already predisposed to commit the crime, there cannot be an entrapment defense. Police must have a reasonable suspicion that the individual is predisposed to the particular type of criminal activity prior to being approached by the law enforcement official.

Need a Burlington County Entrapment Attorney?

Does the above apply to your situation? If you’d like an entrapment attorney in Burlington County to review your case, contact the Law Offices of Mark Catanzaro for your free consultation. Mark Catanzaro, an experienced attorney, is available to speak with you about your criminal charges.