Entrapment is defined as any conduct of a law enforcement agent inducing an ordinarily law-abiding person cause to commit a crime. If you have been illegally engaged in committing a crime by an officer, you can use it in order to protect your rights. It can happen that the prosecution would be required to prove beyond any reasonable doubt that there was not any entrapment or the defendant can be required to prove that he entrapped as an affirmative defense.
However, each case is unique and depending on the circumstances of the case the judge decides whether entrapment is present or not. You should know the police is provided with the right to accomplish undercover operation, i.e., to identify johns and prostitutes. In this case, a law enforcement agent has not to have any specific intent to really engage in prostitution and there can be only the offer and the acceptance of this offer by an offender. Thus, a person can be charged with solicitation for prostitution as long as an offer is made between two people intending exchange money for sex.
If you want to prove the existence of entrapment and that the conduct of the arresting officer is not authorized, it must have been proved beyond reasonable doubt the presence of the following elements:
- Harassments or threats.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are ready to evaluate your entrapment case and prepare as fast as possible your defense as well as we will negotiate your plea bargain and do our best to get the best possible outcome for you. Do not hesitate to contact us. We will handle every aspect of your case, from the first step to the very last court hearing.
You may file your request online, by telephone or by mail. 818-553-1000