Entrapment is a legal defense that applies when law enforcement officers induce someone to commit a crime that they otherwise would not have committed. In simple terms, it protects citizens from being unfairly tricked into breaking the law by the very people who are supposed to enforce it.
However, this defense only applies in limited circumstances. If the defendant was already predisposed to commit the offense, for instance, it usually will not succeed. Learning more about how entrapment works and when it doesn’t is crucial to building a successful criminal defense strategy in many cases.
The Legal Definition of Entrapment in Ohio
Entrapment is defined under Ohio case law, rather than a single statute. Courts in the state follow the “subjective test” of entrapment. This means the focus is on the defendant’s state of mind and predisposition to commit the crime rather than solely on the actions of law enforcement.
To prove entrapment, the defense must show two main elements:
- Government inducement: A law enforcement officer or other kind of government agent coerced the defendant into committing the offense in some way.
- Lack of predisposition: The defendant was not already inclined to commit the crime before the government’s involvement.
If both elements are proven, the entrapment defense may potentially result in an acquittal, depending on the facts and circumstances of the case.
What Are Some Examples of Entrapment?
To better understand what counts as entrapment in Ohio, it helps to look at common examples:
- Drug stings: An undercover officer pressures someone to sell or deliver drugs when they had no prior involvement in drug activity.
- Prostitution and solicitation cases: A police officer repeatedly insists or provokes a person into making an offer they initially refused.
- Internet crimes: Law enforcement poses as a minor online and continually encourages illegal conduct until the person complies.
However, it’s essential to note that not every undercover operation constitutes entrapment.
When Does the Defense of Entrapment Not Apply?
Many defendants mistakenly assume that any undercover sting operation is “entrapment.” In reality, simply being given the opportunity to commit a crime does not qualify.
For example, if a police officer poses as a buyer and you willingly sell them drugs, that’s not entrapment. Likewise, if you respond to an illegal opportunity you already had interest in pursuing, you were predisposed to commit the offense.
Courts look at several factors to determine whether you were predisposed to commit the crime, such as:
- Whether you had a prior criminal record for similar offenses
- Whether you demonstrated readiness or eagerness to participate
- How much encouragement or pressure law enforcement applied
- Whether you initially refused to participate before being persuaded
If the government merely provided an opportunity to commit the offense, and you acted on your own free will, entrapment won’t apply.
What Is the Burden of Proof in Entrapment Cases?
Entrapment can be a difficult affirmative defense to prove.
Under Ohio law, once the issue of entrapment is raised, the burden shifts to them (rather than the prosecution) to establish the defense. However, the standard is not “beyond a reasonable doubt” as it would be for the prosecution. Instead, entrapment only needs to be proven “by a preponderance of the evidence,” an easier standard to meet.
In entrapment cases, the outcome often depends on how well the evidence is presented at trial. Testimony, recordings, text messages, and other forms of communication between the defendant and law enforcement can all have a significant impact.
The Role of an Ohio Criminal Defense Lawyer in Entrapment Cases
Successfully arguing entrapment requires experience and a deep understanding of both state and federal criminal procedure. A knowledgeable Ohio criminal defense lawyer can investigate your case in depth and gather evidence to create a strong defense.
An attorney can:
- Review police reports and undercover communications for signs of manipulation
- Determine whether government agents used improper inducement
- Challenge the prosecution’s claims about your intent
- File motions to suppress evidence obtained through unconstitutional means
- Present expert and/or witness testimony to support your version of events
In many cases, though it isn’t guaranteed, proving entrapment can lead to an outright dismissal of your charges.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
If you believe you were the victim of entrapment in Ohio, Suhre & Associates DUI and Criminal Defense Lawyers can help protect your rights. Our experienced criminal defense lawyers will work tirelessly to protect your rights.
Schedule a free consultation with our Cincinnati criminal defense attorneys today at (513) 333-0014 to get started with your case. You likely still have time to fight back against the charges you’re facing, and entrapment could be one avenue through which to do so.
