Criminal Defense Lawyers

The Entrapment Defense in Texas: What You Need to Know

At Spodek Law Group, we understand that facing criminal charges can be an overwhelming and frightening experience. If you believe law enforcement induced you to commit a crime you otherwise wouldn’t have, the entrapment defense may apply in your case. As experienced criminal defense attorneys, we’re here to explain this important legal concept and how it could potentially help your situation.

What is Entrapment in Texas?

Entrapment occurs when a law enforcement officer or agent induces a person to commit a criminal offense that the person would not have otherwise committed. It’s important to understand that simply providing an opportunity to commit a crime is not considered entrapment.The key elements of entrapment in Texas are:

1. The defendant was induced to engage in criminal conduct
2. The inducement came from a law enforcement agent
3. The methods used were likely to cause an ordinary law-abiding person to commit the offense
4. The defendant was not already willing or predisposed to commit the crime

Let’s break down each of these elements in more detail.

Inducement by Law Enforcement

For the entrapment defense to apply, the idea for the criminal act must have originated with law enforcement, not the defendant. The officer or agent must have actively persuaded or coerced the defendant into committing the crime, going beyond simply providing an opportunity.Examples of inducement could include:

• Repeated requests or demands
• Appeals to sympathy or friendship
• Offers of excessive financial gain
• Threats or intimidation

It’s not enough for an undercover officer to simply be present or passively allow a crime to occur. There must be active encouragement or pressure applied.

Methods Likely to Cause Ordinary Person to Commit Crime

The tactics used by law enforcement must be so persuasive or coercive that they would likely cause an ordinary law-abiding citizen to commit the offense. This is judged by an objective “reasonable person” standard.Factors considered include:

• The nature of the inducement offered
• The defendant’s vulnerability to temptation
• The defendant’s reluctance to commit the act
• The persistence of law enforcement

For example, if an undercover officer befriends someone struggling with addiction and repeatedly pressures them to obtain drugs, that could potentially meet this standard. But a single request to purchase drugs likely would not.

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Lack of Predisposition

The defendant must not have been ready and willing to commit the crime before law enforcement got involved. If there’s evidence the defendant was already engaged in similar criminal activity or quickly agreed to participate, the entrapment defense is unlikely to succeed.Factors considered in determining predisposition include:

• The defendant’s prior criminal record
• The defendant’s reputation
• The defendant’s response to the initial proposal
• Whether the defendant had ready access to contraband

For example, if an individual with no criminal history is repeatedly pressured by an undercover officer to participate in a drug deal, that could indicate lack of predisposition. But if they eagerly agreed on the first request, that would likely defeat an entrapment claim.

How the Entrapment Defense Works in Texas

In Texas, entrapment is considered an affirmative defense. This means the burden is on the defendant to prove entrapment occurred, rather than the prosecution having to disprove it.If you raise an entrapment defense, here’s what you can expect:

1. Your attorney will file a pre-trial motion notifying the court and prosecution of your intent to claim entrapment.
2. You’ll need to present evidence supporting each element of entrapment.
3. The judge will determine if there’s enough evidence to instruct the jury on entrapment.
4. If allowed, the jury will be given special instructions on how to consider the entrapment defense.
5. The jury must find that entrapment occurred by a “preponderance of the evidence” – meaning it’s more likely than not to be true.
6. If the jury finds entrapment occurred, you should be acquitted of the charges.

It’s important to note that claiming entrapment generally requires admitting that you committed the criminal act in question. The defense argues that you only did so because of law enforcement’s actions.

Examples of Potential Entrapment Scenarios

To better illustrate how entrapment might apply, let’s look at some hypothetical scenarios:Scenario 1: An undercover officer befriends John, who has no criminal record. Over several months, the officer repeatedly asks John to help obtain illegal drugs, claiming it’s for a sick relative. John initially refuses but eventually gives in after persistent requests. This could potentially be entrapment.Scenario 2: Sarah is arrested for selling drugs to an undercover officer who simply approached her on the street and asked to buy. This is likely not entrapment, as the officer merely provided an opportunity Sarah was already willing to take.Scenario 3: Mike, who has prior drug convictions, is pressured by an informant to participate in a large drug deal. The informant threatens Mike’s family if he doesn’t cooperate. This could be entrapment, despite Mike’s history, due to the coercive tactics used.

Why You Need an Experienced Attorney

Proving entrapment can be challenging, as it requires demonstrating both the actions of law enforcement and your own lack of predisposition. At Spodek Law Group, we have extensive experience handling complex criminal defense cases, including those involving potential entrapment.Our attorneys will:

• Thoroughly investigate the circumstances of your arrest
• Gather evidence of law enforcement’s conduct
• Build a strong case for lack of predisposition
• Effectively present the entrapment defense in court
• Aggressively challenge the prosecution’s evidence

We understand the nuances of Texas entrapment law and how to effectively argue this defense. With our help, you may be able to avoid conviction even if you technically committed the alleged criminal act.

Contact Spodek Law Group Today

If you believe you may have been entrapped by law enforcement, don’t wait to get legal help. The entrapment defense requires careful preparation and skilled presentation in court. Our experienced criminal defense attorneys are here to protect your rights and fight for the best possible outcome in your case.Call us today at 212-300-5196 for a free consultation. We’ll review the details of your case and help you understand if an entrapment defense may apply. Don’t face these serious charges alone – let us put our knowledge and experience to work for you.Remember, the prosecution will be working hard to convict you. You need an equally dedicated defense team on your side. At Spodek Law Group, we’re committed to providing aggressive, strategic defense for our clients. Contact us now to get started building your defense.