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Do you have a New York police entrapment case? What is entrapment and when is it a viable legal defense in criminal cases?
What is entrapment?
Entrapment as a defense alleges that the defendant only partook in a certain conduct because he or she was encouraged or induced to by a civil servant such as a police officer.
When is not considered entrapment?
Entrapment cannot be used as a defense in a criminal case if a civil servant simple created an opportunity where an individual could commit a crime. A civil servant must have actively encouraged or persuaded an individual to take a particular action.
Example of when it is and is not considered entrapment:
If an undercover cop stands nearby and watches over a car with their window down with a backpack and laptops clearly visible and encourages a person walking past to take the items because they can give them a phone number of a person that would pay money for the backpack and laptops, then the undercover cop is attempting to entrap the passerby into committing a crime.
If however, the undercover cop simply stands back and watches as a passerby goes up to the car and steals the laptops and backpack, then that is not entrapment. All the undercover cop did in this scenario was create an opportunity where a person could commit a crime. They did not encourage anyone to do so.
What to do if you have an entrapment case?
If you believe you have been entrapped by a civil servant the first step is to consult with an attorney. Ask about your rights and how to proceed with filing a lawsuit.
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