What is entrapment in criminal defense law?

Entrapment is a legal defense in criminal defense law in Virginia that is used when a defendant is accused of committing a crime that was induced or persuaded by law enforcement. Entrapment occurs when a law enforcement official, such as an undercover police officer, uses fraud, threats, harassment, undue influence, or other improper means to induce a person to commit a crime that he or she would not otherwise have committed. This defense is most commonly used in cases involving drug offenses, but can also be applied to other criminal conduct. In order to prove entrapment, the defendant must show evidence of more than just an opportunity to commit a crime, but that the government or law enforcement official actively solicited, encouraged, or incited him or her to commit the crime. The burden of proof is on the defendant to show that the government conduct was the “proximate cause” of his or her criminal behavior. This means that the defendant must introduce evidence that the government’s conduct was the primary factor in causing the criminal conduct and not the defendant’s own decision. If entrapment is successfully proven, the defendant may be able to have the charges dismissed. The court will also consider other factors such as the credibility of witnesses and the defendant’s intent at the time of the alleged crime to make a determination on entrapment.

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What is entrapment in criminal defense law?

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