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.