California Entrapment Defense Attorneys Serving the Gay Community

What You Need to Know About Entrapment

Entrapment refers to a situation in which law enforcement agents persuade a person who normally abides by the law to commit a crime that he or she would not have committed otherwise. The agent usually does so through coercion, coaxing, badgering, harassing, or threatening the defendant.

There are two ways that entrapment can occur. An individual is either offered the chance to commit a crime by law enforcement or the would-be-criminal is actively enticed to commit the crime by a “person of authority” such as a law enforcement officer.

Depending on the state of jurisdiction, one of two tests can be applied as an entrapment defense. These approaches are the “objective test” and the “subjective test.” California uses the “objective test,” which focuses primarily on the behavior of the police officer and questions whether the police’s conduct would have led a logical person to commit a crime he or she would have otherwise not committed. On the other hand, the “subjective test” focuses on the defendant’s state of mind and whether he or she has the predisposition to commit the crime in question. If the defendant has neither a history of committing such a crime nor a predisposition, entrapment can be claimed.

In need of an Entrapment Defense Attorney? Contact Pride Legal.

Using entrapment against a violation is not a simple task. Many elements must be carefully examined in order to establish whether entrapment has in fact occurred and what the best defense approach is. The attorneys at Pride Legal have both the knowledge and experience to determine which approach is the most appropriate for your particular case.

If you are seeking to obtain an attorney to represent your entrapment case, contact a California LGBT Entrapment Defense Attorney today.