Entrapment is a legal defense that arises when law enforcement officers induce a person to commit a crime they would not have otherwise committed. In Michigan, as in the rest of the United States, entrapment can serve as a complete defense to criminal charges if successfully proven. At Attisha Law, we understand the complexities of criminal defense and are here to explain how entrapment works and when it can be used in court.
Entrapment occurs when police officers or government agents persuade, coerce, or pressure someone into committing a crime. The key element in an entrapment defense is proving that the defendant had no predisposition to commit the crime and only did so because of law enforcement’s actions.
To successfully claim entrapment in Michigan, a defendant must demonstrate:
Michigan courts use an objective test to determine entrapment. This means the court examines whether the police’s actions would have caused a reasonable law-abiding citizen to commit the crime. If the tactics used by law enforcement are deemed overly persuasive or coercive, the defendant may have a valid entrapment defense.
Entrapment can occur in various situations, including:
It is important to distinguish entrapment from legitimate law enforcement tactics. The following do not typically constitute entrapment:
Successfully proving entrapment requires legal skill and experience. At Attisha Law, we can:
If you or a loved one has been accused of a crime and believe entrapment played a role, contact Attisha Law today for a consultation. Our experienced criminal defense attorneys are ready to fight for you.
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