In Pennsylvania, entrapment is a form of defense used in criminal proceedings. It indicates that police officers are guilty forcing a defendant to commit a crime. The defense implies that the defendant didn’t act on his or her own accord when perpetrating the criminal infraction. Montgomery County Criminal Lawyers could help you to make these distinctions for your case.
What is the Difference Between Entrapment and Opportunity?
Prosecutors in these cases indicate that the accused had the opportunity to commit the crime. However, possessing the opportunity doesn’t prove guilt. When fighting a criminal case with an entrapment defense, the accused must show that the arresting officer used unethical tactics to influence their decision. Typical allegations are fraud, physical threats, or excessive harassment.
According to Montgomery County Criminal Lawyers, opportunity indicates that the officer set up the circumstances needed for the defendant to commit the crime. In order for it to be deemed a lawful arrest, the defendant must make the conscious decision on their own to commit the crime. The officer must present opportunity and separate themselves from the decision-making process.
Law enforcement officers who conduct an undercover operation unethically use excessive force or threaten to take detrimental actions to push the accused to act. This could include threatening physical harm of their family members if they don’t commit the crime. When entrapment is proven, the defendant isn’t guilty. Montgomery County Criminal Lawyers understand unethical tactics and investigate to acquire prove of these acts.
Reviewing This Defense in Court
The jury must determine in these cases, whether the officer’s conduct could have enticed the defendant to commit the crime. Equally, they must also determine the mental state of the accused to determine if a heightened level of fear or anxiety led to the crime. As they render their decision, they must identify the exact reason in which the crime was committed. When the officer’s conduct has the greatest influence, the entrapment defense is validated.
A defendant who wishes to utilize an entrapment defense must show the court how the officer forced their decision. Specific guidelines apply to these defenses and must be proven in a court of law. To build a case on this defense, you should contact Montgomery County Criminal Lawyers today.
