Personal Injuries: Basic Knowledge For You

Entrapment As An Affirmative Defense For Dealing Drugs

If you, were coerced into dealing drugs by an undercover police officer, there is an affirmative defense you can use called entrapment. To use it successfully, you need to understand what it involves and be prepared to make a vigorous defense.

An Example of Entrapment

An fictional example to ponder: A man is working as a bartender in a seedy section of town. A certain attractive female customer has started coming in night after night engaging him in conversation, mildly flirting, and asking the bartender if he can get her some narcotic pain-killers. He tells the woman he don't have any connections like that, and reminds her that it is against the law. This customer tells the bartender she has sciatica and is desperate.

Finally, one night he relents and obtains some oxycontin pills for the woman from an acquaintance who has a prescription. The woman turns out to be an undercover detective and the bartender is arrested for dealing in narcotics. 

Elements of the Entrapment Defense

Entrapment is a legitimate defense if a police officer is coercing you to commit a crime, but the undercover police can legally to ask you to commit a crime and wait to see if you comply. They can also lie to you about their motives or needs when asking you to commit the crime.

Unlawful coercion is when an undercover police officer makes it nearly impossible for you to feel you can refuse, such as using threats, putting you in a dangerous position, or continually bombarding you with requests as the police officer did in the above example. In the above scenario, the bartender wasn't intending to sell drugs to anybody, but the woman continually worked on his sympathy and broke down his objections.

Subjective Defense Requirement

Some states also have a subjective position about entrapment claims, which means you not only have to prove you were unlawfully coerced by the police, but that you are not normally predisposed to committing this crime.

Things that would help or harm a defense would be whether the defendant was found to have other illegal drugs in their possession, whether the person was profiting from the transaction with the police officer or not, and whether the defendant had a prior criminal record with drug convictions. Even with a record, if a defendant can show they were making significant efforts to avoid drug activities and clean up their life, this would help their case.

Legal Counsel

To prepare for your defense, you will need a criminal defense lawyer from a firm like Novey and Tomko Law Firm. You will need to show that you did not intend to deal drugs, you are not disposed to criminal activity of this sort, and you were either coerced or threatened at the time of the incident.

About Me

Personal Injuries: Basic Knowledge For You

I have worked as a legal office assistant for about 20 years. The office specializes in personal injury claims, and many clients are looking for settlements. I have great compassion for the individuals I see, and most people are looking for money to pay their bills. Unfortunately, insurance claims are difficult and clients often file the wrong paperwork. They don't see many doctors due to costs, and settlement offers are generally low. I know that lawyers can help to raise claims substantially. They know the law and they can offer advice to clients so good results are seen. I want you to learn some basic information about personal injuries, insurance settlements, and the general claims process. Your rights and needs are important, but it's difficult to secure a settlement if you know nothing about the law. Gain some knowledge today, so your personal injury decisions are the right ones.

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