Understandably, police encounters can be a frightening experience. Despite the primary function of police officers serving as righteous peacekeepers, they often resort to deceitful tactics during criminal investigations. Although most police officers uphold their duties, their deceptive practices may cross the line and violate an individual’s constitutional rights. Police officers don’t always have to tell the truth, which can make it easy for individuals to fall victim to entrapment. In accordance with New Jersey law, entrapment serves as an affirmative defense, meaning the defendant is ultimately responsible for proving entrapment by a preponderance of the evidence. This means you must prove you would not have committed the criminal offense without the government’s coercion. If you can prove that police entrapment occurred by establishing you would not have committed the criminal act without inducement, you may be able to get your charges dropped entirely. As such, it’s in your best interest to enlist the help of an adept Bergen County Criminal Defense Attorney who can fight on your behalf to protect your rights.
What constitutes entrapment in a criminal case?
Entrapment is a valid legal defense that criminal defendants may be able to establish if law enforcement officials induced or coerced them to commit a crime that they may not have committed otherwise. It’s crucial to note that only law enforcement officials or government agents can commit entrapment, not private citizens. Simply put, entrapment goes beyond merely lying and can, unfortunately, be accomplished in many ways, such as through threats, fraud, blackmail, or harassment.
Opportunity is a crucial element of entrapment. For instance, a judge would expect an average person to resist an ordinary temptation to break the law. Therefore, providing opportunities to commit a crime does not constitute entrapment. Opportunity simply denotes a situation wherein an individual is offered the chance to engage in an illegal act but has already planned to do so. The officer must engage in coercive behavior that compels the crime, such as lying, threatening, blackmailing, harassing, intimidating, or similar actions. Law enforcement oversteps when their actions generate criminal intent in an otherwise innocent individual, manufacturing a crime that would have never been achieved without government instigation. The officer’s behavior, not the opportunity, determines whether entrapment has occurred.
How is it proved?
If you believe that you’re the victim of police entrapment, you should retain the legal services of an experienced attorney who can help you prove that the entrapment occurred. Under state law, the judge and jury will use either an objective or subjective standard to determine whether entrapment occurred:
- Objective standard: After the evidence has been presented, jurors must decide whether a police officer’s actions would have induced any person who is typically law-abiding. Ultimately, the determining factor is whether police conduct was so egregious that it would cause a reasonable person in the same circumstances to commit the crime. This standard redirects the focus from the defendant’s state of mind to the government’s objective actions and often elicits constitutional issues, particularly concerning due process.
- Subjective standard: After hearing the evidence, jurors decide whether the criminal defendant’s predisposition to engage in criminal conduct makes them responsible for their actions, regardless of whether an officer induced the criminal conduct. To negate this defense under the subjective standard, the prosecutor is burdened with proving beyond a reasonable doubt that the defendant was already inclined to commit the crime before law enforcement involvement.
If you’re facing criminal charges because of the illegal behavior of a police officer, then you may have grounds to assert the entrapment defense to have your charges dropped entirely.
How Can Entrapment Affect a Criminal Case?
As established by federal jurisprudence, like Jacobson v. United States (1992), and in accordance with New Jersey law, entrapment can serve as a critical defense in criminal cases. Essentially, if argued successfully, this serves as an affirmative defense, ultimately negating the criminal intent necessary for a conviction. This can ultimately lead to an acquittal, even if the prosecution proves all other elements of the crime. An acquittal means that the defendant is found not guilty, and therefore will not face criminal liability.
Additionally, establishing a strong defense on the basis of entrapment can substantially influence plea negotiations. If your Bergen County criminal defense attorney can show law enforcement coercion, the prosecution may be much more willing to extend favorable plea terms or even dismiss the charges prior to the start of trial. This is because it is fundamentally unjust for the government to prosecute an individual for criminal acts manufactured by their own instigation. As such, exposing these tactics can serve as a powerful tool to leverage your defense.
Contact an Experienced Bergen County Criminal Defense Attorney
For more information about entrapment, please don’t hesitate to contact a determined Bergen County criminal defense attorney. At The Law Office of Carl Spector, we are prepared to help you prove entrapment occurred.