If you are facing criminal charges that you would not otherwise face without the coercion or persuasion of law enforcement, you may be able to use what is known as the entrapment defense. It is important to note that law enforcement can present opportunities for suspected criminals to engage in criminal activity and charge them once they do, but they cannot force someone to commit a crime.
When using this defense, the defendant must prove that entrapment occurred. This includes proving that law enforcement introduced the idea of committing the crime, the defendant did not have a predisposition to commit the crime, and law enforcement coerced and possibly used improper conduct to induce the defendant to commit the crime.
In the state of Florida, a defendant may use one of two types of entrapment defenses – objective or subjective. Subjective entrapment focuses on the defendant and whether or not there was a predisposition to commit the crime. Objective entrapment focuses on the conduct of law enforcement and whether or not they overstepped the boundaries of the law in their actions. Essentially, this defense exists to ensure that law enforcement or other government agents do not create crime where it would not exist.
If you believe law enforcement violated your rights and entrapped you, leading to a sex crime charge, you may be able to use this defense for your case. At Musca Law, we are here to offer experienced representation and our knowledgeable sex crimes attorneys are here to help you, and aggressively fight to defend you. Our phones are answered 24/7, so give us a call at 800-687-2252.