Entrapment happens when someone working in a law enforcement capacity uses threats, harassment, or fraud to coerce another person into committing an offense. If the defendant would not otherwise have committed the crime, they can use entrapment as a legal defense to criminal charges.
Because proving entrapment can be challenging for a defendant, the dedicated legal counsel of a New Jersey defense attorney is crucial.
What Is Entrapment?
Some criminal investigations require law enforcement officers to operate undercover to get the evidence they need in an investigation. While undercover work is acceptable, it becomes problematic when it crosses the line into an entrapment. New Jersey law defines entrapment as convincing or encouraging a suspect to commit a crime they would not otherwise have committed. Entrapment often, but not always, occurs when an officer is working undercover.
What Are Some Examples of Entrapment?
Some examples of potential entrapment scenarios include:
- An undercover officer repeatedly asks someone to sell them illegal drugs or contraband after they have refused multiple times. The undercover officer exploits the person’s substance abuse problem or financial desperation to convince them to make the sale.
- A policeman uses threats or coercion to force an unwilling person to commit a crime. For example, they threaten to have the person’s child taken away or home seized if they do not commit a requested criminal act.
- A law enforcement agent makes false claims about the legality of an act to trick someone into unknowingly breaking the law, such as stating that it’s legal to claim a tax deduction the filer knows they do not qualify for.
- An informant relentlessly pesters an individual to get them to agree to a criminal act after clearly expressing no interest. Badgering someone despite their objections can constitute entrapment.
What Are the Types of Entrapment?
New Jersey law defines entrapment in two ways:
- A public law enforcement official or their agent makes false representations about something being legal to convince someone to engage in that behavior.
- A law enforcement officer or their agent motivates or persuades someone to do something they wouldn’t have done without the influence.
Contact a New Jersey criminal defense attorney today if you believe a law enforcement officer used one of these methods to cause you to commit a crime.
Is Entrapment Legal in New Jersey?
While entrapment is not allowed, it is also not a crime. Entrapment is an affirmative legal defense that can keep someone from facing punishment for a crime they never intended, planned, or desired to commit. Although entrapment is unethical, no statutes in New Jersey make it illegal.
What Are the Elements of an Entrapment Defense?
Entrapment is an affirmative defense to criminal charges, meaning that the burden of proof is on the defendant. A successful entrapment defense must prove that the following three elements apply:
- The person who allegedly committed entrapment must be a police officer or other public law enforcement officer. Alternatively, they may have been acting on behalf of a public law enforcement officer.
- The person accused of entrapment must have made false statements to coerce the defendant or encouraged them to commit a crime.
- Upon considering the bulk of the evidence, it must be more likely than not that the defendant would not have committed the offense without the officer’s wrongful actions.
Will an Entrapment Defense Stand Up in Court?
An entrapment defense is a valid legal argument in court. When the proof shows that entrapment was used, a defendant must be found not guilty of the crime they have been charged with. The defense does not need to prove entrapment beyond a reasonable doubt. Instead, they must demonstrate “by a preponderance of the evidence” that entrapment occurred, which is a less strict standard.
However, there is one exception to the validity of an entrapment defense. If a defendant is facing charges of causing or threatening to cause bodily harm to someone other than the officer, an entrapment defense will be invalid.
Can the Police Officer or Government Agent Who Committed the Entrapment Face Punishment?
In most cases, the police officers or government agents who carry out entrapment will not face criminal charges or direct punishment. Entrapment is not technically illegal, but it is an improper way to gather evidence.
However, an officer who engages in entrapment may face internal disciplinary action or termination by their department for unethical conduct. Defense attorneys can also challenge their credibility as a witness in future cases if they have been found to use entrapment before.
In extreme cases, such as those involving threats or harassment, civil rights charges against the officer are possible. But instances of an officer being criminally prosecuted solely for entrapment are rare.
Contact a New Jersey Criminal Defense Lawyer
Everyone has the right to fair treatment under the law. Being coerced by a law enforcement officer into committing a crime is anything but fair. If you believe you may have a valid claim of entrapment, having an experienced criminal defense lawyer on your side is critical. The Law Office of Jason A. Volet has over 15 years of experience handling complex criminal defense cases in New Jersey. Lead attorney Jason Volet’s background as a former prosecutor gives him unique insight into poking holes in the prosecution’s case.
Our legal team will thoroughly investigate your matter to build a strong defense against the charges. If we believe you may have been entrapped, we can argue for pre-trial dismissal or acquittal at trial. Don’t let false charges hold you back. Let us help you prove your innocence. Contact our office today for a free case evaluation to learn more about how we can help you.
