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Entrapment is a valid drug charge defense

| Mar 21, 2020 | Criminal Defense

With a drug charge in Texas, you can face serious consequences. Not only do you face prison time, but your record could create future obstacles for you. Those who have drug charges have a more difficult time finding employment. 

What if you believe that you suffered entrapment at the hands of the police? Entrapment, according to the United States Department of Justice Archives is a defense that government agents originated the criminal design and implanted the disposition to commit the act. Inducement and predisposition are important factors to an entrapment defense. 

What is inducement? 

Inducement involves persuasion and coercion. This is not the same as police using deceit or soliciting a crime. Instead, this is occurs when even a normal, law-abiding citizen would have broken the law due to the persuasion of the officers involved. 

What is predisposition? 

Predisposition also matters. For instance, if you were simply looking for an opportunity to commit the crime, then it is not entrapment. However, if a person did not promptly accept the offer to commit a crime or if you were wary of it until convinced otherwise, then you may not have had a predisposition. Those who quickly accept an offer to sell or to buy drugs from an officer normally have a predisposition to that behavior. 

To face drug charges can completely uproot and change your life. In the worst case, you could have a felony record due to a drug charge and a significant prison sentence. In a drug related case, the burden of proof is on the prosecution. If there are any inconsistencies in the trial or unethical police behaviors, dismissal is possible.