What is entrapment in drug offenses?

Entrapment is a legal defense in Virginia that is used to defend oneself against a prosecution for a drug crime. Entrapment occurs when a law enforcement officer or other government agent elicits or encourages a person to commit an illegal act that the person would not have otherwise done. In order for entrapment to be used as a defense, the defendant must prove that they were encouraged or induced to commit a crime they would not have otherwise committed. Entrapment is often raised by defendants in drug offenses, such as in cases involving suspected drug sales. For example, an undercover officer may offer or suggest to a defendant that they buy or sell a certain type or amount of a controlled substance. If the defendant can prove they were entrapped by the officer, then the entrapment defense can be used to have their criminal charges dismissed. Entrapment is also sometimes used as a defense in cases where the defendant is accused of possession of drugs with the intent to distribute. The defense must be able to prove that the government agent or officer induced or encouraged them to conduct an illegal act. Entrapment is a powerful defense, but it is important to note that it can be difficult to prove in a drug offense case. Therefore, it is important that the defense has a strong argument and proof of entrapment in order to have the drug charges against them dismissed.

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