Entrapment occurs when law enforcement persuades or pressures someone into committing a crime they wouldn’t have otherwise committed. In Maryland, entrapment can be used as a legal defense.
However, it requires proof that the idea and motivation for the crime came from the police — not the defendant. Outlined below are some important points to consider.
Defining entrapment
Entrapment involves more than just law enforcement providing the opportunity for the defendant to commit the crime. Police officers must have asserted some sort of pressure on the defendant. If the defendant was freely willing to commit the crime, then the defense of entrapment does not stand.
What cases can entrapment apply to?
Entrapment can apply in numerous types of cases, but some of the more common. Examples include:
- Drug offenses: Undercover officers sometimes pose as drug buyers or sellers. If an officer pressures, threatens, or repeatedly encourages someone to buy or sell drugs when they otherwise wouldn’t, it could be entrapment. Entrapment must be more than a mere offer. There must be some form of coercion.
- Theft and property crimes: Entrapment may apply when pressure has been asserted on someone to steal an item. For example, if officers tell the defendant that they will be charged with another offense if they do not steal the item, this may be entrapment.
- Bribery: Entrapment often occurs in the form of bribery. An individual may be pressured into accepting a bribe by law enforcement.
To see whether or not the defense of entrapment applies in your case, it is best to seek experienced legal guidance.
Maryland-specific entrapment laws
Maryland applies the subjective test for entrapment. Courts focus on the defendant’s state of mind and whether the person was already willing to commit the crime before police ever got involved. If the State shows the predisposition of the defendant, the entrapment defense usually fails.
Maryland’s Criminal Law § 1-201 is relevant when the charge involves an attempt: it prevents a person convicted of an attempt from receiving a harsher sentence than the maximum for the completed offense.
Courts make a consistent distinction: police may present an opportunity to commit a crime, but they may not improperly pressure, threaten, or coerce someone who was not predisposed. To prove entrapment, a defendant must show both improper police inducement and lack of predisposition.
Entrapment standards vary by state. Maryland’s approach is broadly similar to the federal rule but differs from neighboring jurisdictions. Virginia uses the subjective test but tends to side with law enforcement unless pressure was extreme, while Pennsylvania sometimes applies an objective test that asks whether police conduct would have caused a reasonable person to offend.
Because Maryland’s standards and case law have particular nuances, consult a Maryland-licensed attorney for case-specific guidance.
Legal rights and what to do if you suspect entrapment in Maryland
If you believe the police pushed you into committing a crime you otherwise would not have, immediately collect all messages, recordings and screenshots, write down what happened (including any pressure, repeated contact or threats), identify witnesses and avoid further communication with police without a lawyer.
Contact the Law Offices of Thomas C. Mooney to speak with an attorney who can review the police conduct, protect your rights and determine whether Maryland’s entrapment laws support your defense.
Penalties and consequences after a failed entrapment defense in Maryland
If a Maryland judge rejects the entrapment claim, the case proceeds under normal sentencing rules. Penalties depend on the charge. Drug distribution can bring mandatory minimum sentences. Theft, bribery or property crimes may lead to jail time, fines, probation and a permanent record. But do not worry, even after a failed defense you may still appeal, seek a sentence reduction or request modification under Maryland Rule 4‑345 to reduce the long-term impact.