Florida Criminal Defenses: Entrapment
In some cases, a criminal attorney may be able to utilize the defense of entrapment. There is a three part test a Jury must consider when deciding if an individual commit the crime as charge as a result of governmental entrapment. First, there is a burden on the criminal defense attorney to show that more likely than not a governmental agent, like the police, induced the crime. Secondly, if the criminal attorney meets that burden, then the defendant must produce some evidence that he or she was not predisposed to commit the crime. If the criminal defense attorney meets the first two parts of the test, then the burden shifts back to the State to prove beyond a reasonable doubt that the defendant was predisposed to commit the crime charged, both prior to an independent of the governmental acts.
Generally, the defense of entrapment must be submitted to a jury. However, a motion to dismiss may be heard pretrial under two circumstances: If the defendant’s due process has been violated to the extent that the egregious police conduct offends one’s sense of justice, or if there is insufficient evidence of predisposition by the State, then the trial Judge may rule on it as a matter of law.
Contact a Criminal Attorney in Tampa Today
If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss if an entrapment defense is applicable in your case. Ask to speak directly to an attorney.
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