Entrapment is a defense that can be used in a criminal case.  This type of defense will give the alleged offender a justification for the offending conduct.

Entrapment occurs when law enforcement and/or confidential informants give the alleged offender an opportunity to commit criminal conduct.  The key to the entrapment defense is that the alleged offender would not have been lead to commit the crime without the outside influence, incentive and/or inducement initiated by law enforcement.

Legally speaking, according to the Ohio Supreme Court, entrapment occurs “where the criminal design originates with officials who implant in the mind of an innocent person the predisposition to commit the alleged offense and induce its commission in order to prosecute”.

If you have been coerced, induced or compelled to commit a crime you would not otherwise have committed without being motivated by officials, you could possibly be entitled to use the entrapment defense.

The essence of this defense is the absence of intent. Intent is usually defined as “knowing” and “purposeful” conduct by the accused as parat of the crime. As a criminal defense attorney, I will have the burden of showing you were not predisposed to commit the offense. A jury could consider the following:

  • Prior involvement in criminal activity that is similar or the same.
  • How readily and easily was the accused able to comply with law enforcement’s inducement?
  • The alleged offender’s knowledge of the criminal activity in the area
  • The alleged offender’s access to illegally imported or exported goods.
  • How willing was the alleged offender to get involved in the criminal activity.

The prosecution has the burden of proving the defendant committed the offense charged beyond a reasonable doubt.  After viewing all the evidence, can any rational juror find every essential element of the crime that has been proven beyond a reasonable doubt.

It is important to distinguish between the opportunity to commit a crime and the entrapment defense.  An alleged offender is not entrapped when an officer or informant presents an opportunity for the offender to commit a crime which they were already predisposed, able and willing to commit with the inducement. The entrapment defense is not available in this case.

The Bottom Line: In any situation, it is critical to seek advice of a competent Ohio Defense Attorney who knows how to prove the absence of intent.  Put my number in your mobile, I can be reached any time.  513-260-2099