What is entrapment in criminal defense law?
In criminal defense law, entrapment is a defense used when a defendant asserts that they have been induced or persuaded to commit a crime they would not have committed otherwise. In Kentucky, entrapment occurs when a law enforcement officer or government agent uses overbearing tactics, such as threats, intimidation, fraud, flattery, duress, or undue pressure to persuade an individual to commit a crime. In order for a defendant to successfully use the entrapment defense, they must prove that they had no previous intent to commit the crime and that they only acted out of the persuasion from the law enforcement officer or government agent. If a court finds that a defendant was entrapped, the court may dismiss the charges against the defendant. In Kentucky, it is a defense to criminal liability that the defendant was lured by law enforcement to commit a crime they would not have otherwise committed. However, law enforcement agents may still use investigatory tactics to establish probable cause to make an arrest or to gather evidence, so long as they do not use coercion, false promises, or other tactics that cross the line into entrapment. In such cases, the court will evaluate all of the evidence presented and make a determination as to whether or not entrapment occurred.
Related FAQs
What are some strategies for preparing for a criminal defense case?What kind of experience should I look for in a criminal defense lawyer?
What are Miranda Rights in criminal defense law?
How do prosecutors and defense lawyers choose a jury in criminal defense law?
What is the difference between a misdemeanor and a felony in criminal defense law?
What are the differences between a criminal defense lawyer and a prosecutor?
How is a plea bargain negotiated in criminal defense law?
What is the difference between a felony and a misdemeanor in criminal defense law?
What is entrapment in criminal defense law?
What is a motion for a change of venue in criminal defense law?
Related Blog Posts
How to Construct a Solid Criminal Defense Case - July 31, 2023Proven Strategies for Successful Criminal Defense Lawsuits - August 7, 2023
Understanding Criminal Defense Law and its Impact on Your Case - August 14, 2023
Tips for Choosing the Right Criminal Defense Attorney - August 21, 2023
Crucial Steps to Take When Facing Criminal Charges - August 28, 2023