Can I Use Entrapment as a Defense Against Federal Charges?

 Posted on August 13, 2024 in Criminal Defense

Federal law enforcement agencies spend significant amounts of time and resources on investigations. The Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Drug Enforcement Agency (DEA) are known to sometimes conduct their investigations using undercover agents. The FBI, for example, is known for employing agents who pretend to be minors and arresting people who proposition them for sexual activity.

Such methods have sparked legal challenges, with some claiming they constitute entrapment by unfairly drawing innocent people into committing federal crimes. This article will discuss what entrapment is, when it can be used as a defense against federal criminal charges, and how to contact an Illinois criminal defense attorney who will protect your rights.

What Is Entrapment?

Entrapment is when a government agent induces an innocent person to commit a crime they would not otherwise have committed. This is more than just creating the temptation for the person to commit the offense; it involves pushing or encouraging him or her to carry out the crime. If a defendant can prove he or she was entrapped, it is a complete defense to criminal charges.

Examples of Entrapment

Law enforcement agents are trained to avoid entrapment, but sometimes an operative may be extremely eager to secure an arrest. For example:

• An FBI agent pretends to be a minor online and offers sexual services to an adult. The man refuses, after which the agent repeatedly encourages him with increasingly explicit offers until the adult gives in.
• An undercover DEA agent pressures someone to sell drugs, even though he or she does not have any. The agent continues to push the target and offer significant amounts of money until the person procures drugs to sell.
• An undercover ATF agent offers to sell someone an illegal weapon. The person initially refuses, but the agent wears him down by offering discounts.

How Can I Prove Entrapment?

If you have been charged with a federal crime, the burden will be on you to prove that you were a victim of entrapment.

To prove entrapment, you need to show the following:

• You had no predisposition to commit the crime. This means you had no inclination to engage in the act; the government agent placed the idea in your mind and enticed you.
• The officer induced you to commit the crime through persuasion, mild coercion, extravagant offers or promises, or pleas of sympathy, friendship, or need. You will need to show that the government created a "substantial risk" that someone not ready to commit the crime would do so. Proving inducement is a major part of an entrapment defense. 

Contact a Chicago, IL Entrapment Defense Lawyer

Entrapment can be a strong defense to federal criminal charges, but it is not easy to prove. The best thing to do is speak with a Chicago, IL criminal defense lawyer who will investigate the facts of your case and determine whether there are grounds for an entrapment claim. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our experience on both sides of criminal defense law allows us to help you build a strong defense. Schedule a free consultation with a skilled attorney by calling 312-629-0669 today.