What is entrapment in drug offenses?
Entrapment in drug offenses occurs when a law enforcement officer or informant induces or persuades someone to commit a high risk drug crime that he or she would not have otherwise committed. Entrapment is a criminal defense that is used to excuse someone of their criminal liability. In the state of North Carolina, entrapment is defined as “an inducement by an officer, or by someone acting in cooperation with him, to another person to commit a crime, so that the criminal liability of the person induced can be avoided.” Entrapment is not only limited to law enforcement providing the means or opportunity for the defendant to break the law. It can also occur when the officer persuades or induces a person to commit a crime. For instance, when an officer exaggerates the facts of a certain drug situation, or when the officer encourages someone to commit a crime who is seriously considering refraining from doing so. To protect people from entrapment, the proposed criminal act must appear to come from the defendant’s own volition. If the defendant can demonstrate that he or she was induced or persuaded, even if the officer’s actions were not grossly improper, then the defendant can use a defense of entrapment. The defendant must demonstrate that the officer or informant gave him or her the idea to commit the crime, or disregarded any objections that the defendant had against the criminal act. Entrapment is a very difficult defense to demonstrate in the court of law. The burden of proof lies solely on the defendant to demonstrate that the officer or informant induced or persuaded them to break the law. As such, it is important to contact a qualified North Carolina attorney if you are facing criminal charges related to entrapment or drug crimes.
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