Entrapment in Florida Law
Defined under Florida Statute 777.201, entrapment is any situation where the police, or another law enforcement agency, arrest a person for committing a crime which they would not have committed if they had not been coerced or encouraged by the law enforcement official. Entrapment, which can only be applied to law enforcement or government agencies, is against the law, meaning if entrapment can be proved, a criminal case against the individual arrested is often dismissed.
Common Types of Entrapment
One of the most common forms of police entrapment that occurs is the result of sexual assault offenses. Police may try to entrap a person if they believe they already have some involvement in a previous sexual assault or other sex crime. By acting as someone interested in either sex or engaging in illegal behavior, the police officer may entrap the individual by coercion or other means of manipulation.
White collar entrapment is the other most common form of police entrapment. If an employer thinks that one of their employees is committing crimes, the police may try to catch the employee in the act of committing an offense. To do so, investigators may attempt to either charm or induce the employee into committing a criminal act.
Subjective v. Objective Entrapment
When it comes to entrapment criminal defenses, there are two different standards for determining whether or not entrapment occurred: objective and subjective. Using objective standards, jurors are required to determine if the actions of the police officer caused an individual who normally obeys the law to commit a crime. Subjective entrapment, conversely, requires jurors to determine if the individual who committed the crime was predisposed to commit the crime, regardless of the police officer’s actions. In Florida, subjective entrapment is the test for whether or not entrapment occurred.
This means that it is the burden of the defendant to show that the police officer’s actions were the main motive for the committing of the criminal act and that the defendant had no motivation to commit the act on their own.
Because of the difficulty in proving entrapment, if you suspect that you have been the victim of overbearing, or extreme coercion by the police, or another law enforcement entity, you need to contact an experienced criminal defense attorney immediately.
Contact an Attorney Experienced in Entrapment Today
If you believe you are a victim of entrapment by the police, The Berman Law Group is here for you. We have decades of experience and knowledge in all forms of criminal defense. We’ll work closely with you, gathering as much evidence as possible to ensure you have the best chance possible at the results you need and deserve. Don’t trust your entrapment case to just anyone – call the best. Call The Berman Law Group today at (800) 375-5555.