It is not uncommon for someone who as been arrested to believe that they were entrapped. It is a word that is generally known, but not generally understood by those who are not involved in the criminal justice system.
In order for an entrapment defense to succeed, the person being prosecuted must prove by a preponderance of evidence that his conduct occurred in response to entrapment. That begs the question . . . what is entrapment?
Under the Pennsylvania Crimes code, entrapment is clearly defined and requires the following (Taken from Pennsylvania Criminal Code § 313):
- A public law enforcement official or a person acting in cooperation with public law enforcement.
- Acting for the purpose of obtaining evidence of the commission of an offense
- He induces or encourages another to engage in conduct constituting such an offense by either of the following:
1. Making a knowingly false representation designed to induce the belief that such conduct is not prohibited
- employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.
There are numerous considerations that must go into the decision to argue the entrapment defense. Again, while it is generally a known word – the understanding and applicability of it should be analyzed by a criminal defense lawyer before deciding to further the defense.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale