If any person is found to be complicit to any felony or Federal offense by forcing another to act on their behalf, entrapment is the defense an attorney may use to exonerate their client.
Although a preponderance of evidence that an individual was entrapped must exist to acquit, it’s worth a defendant’s time and money to fight charges that come with long-term imprisonment. While any crime may qualify for an entrapment defense, these five are more common than others.
You often hear about prostitution stings in Las Vegas; these generally net innocent people that were lured by undercover police working as pimps or solicitors of sex.
Possession or sale of narcotics
It’s not uncommon for confidential informants to work undercover to get an individual to sell them narcotics in large amounts. Although they’re being trained much better today than years past, entrapping drug dealers is more common in Las Vegas, Reno and similarly large cities in Nevada than you’d imagine.
Law enforcement will attempt to “flip” lower level drug buyers by forcing them to give up their dealer. They may have them wear a wire, but turn on the low-level offender after they get their dealer. Another common tactic is planting evidence during a routine traffic stop, which then puts the driver in an actionable position to hire legal counsel for drugs they never possessed.
Meant to help persons addicted to opioids and many other drugs, rehabilitation facilities are prime targets for law enforcement officials looking to ‘cut their teeth’ or get a big bust under their belts. Unfortunately, it often comes at the expense of persons innocently working their way up the ladder, or owners wanting to run ethical operations. This form of entrapment in Nevada is growing in popularity.
In rarer cases, law enforcement may coerce someone to kill another. This could be at the command of drug cartels or major crime syndicates in an attempt to remove competition. If proven that police or investigators coerced someone to kill out of threat of harm, those charges could be significantly reduced or dismissed altogether.
Clark County sees enough violence without the help of law enforcement. Although you only see the headlines, a grimmer backstory reveals how some police will use scare tactics to induce an innocent individual to commit murder for whatever reason, but then arrest the person as if they acted on their own accord.
Wire, Mail or Securities Fraud
Persons who work alongside others potentially interested in taking their higher positions may work with law enforcement who may already be investigating the company. If one or several workers coerce someone to commit felonious fraud, charges could get dismissed based off coercion, according to Nevada statute.
Same would hold true with securities fraud, fraud by telephonic device and similar acts of larceny where an individual coerced the defendant to commit the act, or entrapped them.
Pimping and pandering
Both sex workers and Johns may find themselves entrapped when law enforcement ropes both workers and their customers into sting operations designed to take prostitutes and sex buyers off the streets. This more common form of entrapment could lead to serious charges against the informant that roped the individual into exchanging money.
Your best defense is an exceptional attorney
Knowing your freedom is jeopardized due to another’s instruction to commit a crime, it’s time to stand up against entrapment. For many years, defendants have been wrongly adjudicated for crimes they didn’t commit, many doing serious time before eventually being exonerated.
Don’t let law enforcement or confidential informants force you into doing their dirty work. If approached and threatened with jail time for not committing crimes, contact an attorney immediately.