When you are facing criminal charges in New Jersey, the legal system can feel overwhelming and complicated to navigate. Many individuals are unaware of the defenses available to them, such as those involving police conduct during an investigation. Understanding your rights and options is crucial, as a strong defense can be the difference between a conviction and an acquittal. It is important to remember that even if you committed the alleged crime, the circumstances leading up to it matter. Understanding how entrapment can impact your criminal case is the first step in building a strong defense and protecting your future. Continue reading and contact an experienced Mercer County criminal defense lawyer for more information today.

What is Entrapment?

Entrapment is a legal defense based on the argument that a law enforcement agent induced or persuaded a person to commit a crime they otherwise would not have committed. It essentially claims that the police or a government worker manufactured the crime instead of just catching someone who was already willing to commit it.

Examples of behaviors that can be considered entrapment include:

  • Excessive pressure or harassment by an officer to get someone to buy or sell drugs
  • Offering an extremely strong financial or personal incentive to a person to get them to commit a crime
  • Suggesting that the conduct is harmless or the individual is unlikely to be caught or prosecuted

Simply giving someone the opportunity to commit a crime is not entrapment. For example, an undercover officer buying drugs from a known dealer is not entrapment. If the defendant was ready and willing to commit the crime without police influence, it generally does not constitute entrapment.

How Can Entrapment Impact a Criminal Case in NJ?

If successful, an entrapment defense can completely change the outcome of a criminal case in New Jersey. The most significant impact is that it can lead to an acquittal, meaning a verdict of not guilty. If a jury or a judge believes you were coerced by law enforcement to commit a crime you otherwise would not have, the law says you are not legally responsible for that act.

This defense can be extremely effective if there is solid evidence to support the claim. Pertinent evidence might include recordings of conversations, witness testimony, or documentation of the police or government agent’s actions that demonstrate pressure or coercion.

An entrapment defense can be raised at various stages of the criminal justice process. It is often presented at trial as a defense against the prosecution’s case. However, the issue can also be argued in pretrial motions to suppress evidence or even during plea negotiations. By challenging the state’s argument and suggesting misconduct by investigators, the entrapment defense can help protect your freedom.

To learn more about entrapment and its uses in a criminal case, contact the Law Office of Douglas Herring today.