Uploaded by BestCriminalLawyer on Oct 4, 2011
****Entrapment Defense: Criminal Lawyer Explains Use in Prostitution and Other Cases***
Have a question about your rights? Call 888-338-4489.
Entrapment is a defense in certain criminal cases. Simply put, it means that you were "entrapped" by a police officer or other law enforcement agent into committing a criminal act that you would not otherwise have committed.
Entrapment is common in "solicitation of prostitution" cases where a female police officer poses as a prostitution. She may place an ad on Craigslist or other popular online advertisement website posing as a massage therapist or escort, only to meet her and have police break erupt into your motel room and arrest you for soliciting a prostitute. The decoy may approach your vehicle and ask to provide sexual services in exchange for money. Any number of situations where a police officer is acting undercover and coaxes you into committing a crime may create the breeding ground for a dismissal or acquittal based on an entrapment challenge.
Other cases where the defense is common are in embezzlement cases, where a person, either an employee working on behalf of the police, or a police decoy, lure or coax you into embezzling funds. Police often have decoys who work for them who stand outside of liquor stores or grocery stores and try to entice adults into buying alcohol or cigarettes. If the adult is charged with child endangerment for taking the decoy up on his or her plea, the adult can successfully challenge the charge by asserting entrapment.
You, as the defendant, have the burden of proving your entrapment defense by a preponderance of the evidence. The standard is not as high as "reasonable doubt," which is the prosecutor's burden of proof in showing that you committed a crime. If a prosecutor has to prove your case 99%, you would have to prove your entrapment defense by 51%, to put it quantitatively. And to meet this burden, you have to prove that it is more likely than not that you were entrapped.
Even though the focus is on the police officer, juries are instructed to take other issues into consideration. In deciding whether the officer's conduct was likely to cause a normally law-abiding person to commit the crime, juries are asked to consider other relevant circumstances, such as the events that happened up to crime, the defendant's responses to the officer's urging (was he enthusiastic? Was he reluctant?), the severity of the crime, and how hard it would have been for police officers to discover that the crime had been committed.
Juries are also asked to consider what a normally law-abiding person would have done in this situation. If a normally law-abiding person would have fallen into the trap, the entrapment defense can be successful. Juries are not asked to consider your particular intention or whether you had a tendency to commit the crime.
Our entrapment defense lawyers, prostitution defense lawyers and criminal defense lawyers have a combined experience of over 50 years vigorously defending our clients against criminal charges. Don't be intimidated by the prosecution; hire McGregor & Ernenwein to stand for your rights.
***What qualifies us over other criminal defense lawyers?
- Robert Ernenwein: Board Certified Criminal Law Specialist, former Deputy District Attorney, Super Lawyer 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011. Full bio: http://www.mcgregor-ernenwein.com/bio/robert-ernenwein.cfm
- Bruce McGregor: AV-Rated by Martindale Hubbell, co-founder of Benjamin Aranda II American Inns of Court, former Deputy District Attorney. Full bio: http://www.mcgregor-ernenwein.com/bio/bruce-mcgregor.cfm
- Lorgio Coimbra: Immigration Law background, won Witkin Excellence Awards for Legal Analysis and Writing, as well as Constitutional Law. Full bio: http://www.mcgregor-ernenwein.com/bio/lorgio-coimbra.cfm
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Wow, awesome video! You guys are impressive!
LosAngelesVideograph 4 months ago
@LosAngelesVideograph thank you!
BestCriminalLawyer 4 months ago