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Thank you for asking me “What is Entrapment?”
Entrapment is an affirmative defense to a criminal charge. It essentially says: Yes I did it, but the intent to do it was not my own and instead it was unlawfully created by the police.
In FL you are entrapped if: 1) A cop (or someone working for the cops) 2) uses methods of persuasion to 3) induce you to do a criminal act that 4) you would not otherwise have done and 5) you only did because of the unlawful inducement.
This may sound simple but it is not. First, when you plead entrapment (as is the case with any affirmative defense), the burden of proof switches from the government to you second, you must overcome the “predisposition” hurdle and finally, as with many things in criminal court, the deck is almost always stacked in the State’s favor.
The law is clear that it is not entrapment just because the cops (or their CI) provided you with the opportunity, means or facilities to commit a crime, or even that they used trickery or subterfuge in the process, or even that they were present and pretended to aid or assist you in the commission of a crime. Rather pleading entrapment succeeds or fails on the issue of your “predisposition” to commit the offense.
You were “predisposed” to commit an offense if you were ready and willing to do so when the opportunity presented itself, regardless of police involvement, persuasion, trickery or subterfuge.
I will address more specific issues such as prostitution and narcotics stings in separate Webisodes. In the meantime thank you for your question and remember…
At Michael A. Haber, PA “it’s all about reasonable doubt”!
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criminal lawyer , what is entrapment – Michael A Haber Esq Miami Criminal Defense Lawyer, Entrapment,Affirmative Defense,Predisposition to Commit Crime,Predisposition,CI,Confidential Informant,Criminal Law,Criminal Defense,Miami Criminal Lawyer,Criminal Procedure,4th Amendment,FAQ
40% of MURDERS go UNSOLVED.
We're in the midst of an OPIOID EPIDEMIC. Yet the police use our TAX dollars to ENTRAP citizens for non-violent offenses? PATHETIC
Correct me if I’m wrong here, but what I’m getting from this is that if an undercover cop buys drugs from a drug dealer and arrests the drug dealer, it is perfectly fine under law. But if said cop poses as a drug dealer, and convinces you to buy a drug, and then arrests you for possession, then it would be entrapment.
Am I right?
you can frame to a point however filing false police reports and court papers is perjury thats 10 to 12 years in prison . you cannot make up fake stories when you are lying under oath .
What is it called when a specialist from your past goes to police out of the blue and riles them up by telling them u pose an imminent risk to public safety, and the police follow u around looking for opportunities to arrest, and after months of survielence they cannot find fault, so they fabricate allegations, and the specialist writes a letter to the district attorney stating that the false allegations she incited by putting the PD on alert prove her theory that u pose an inmanent risk. On top of that ur a sex offender cuz when u we're a naive teen twenty years ago u we're duped into a plea agreement, so while the police were stalking u the same specialist writes a letter to SORB classification recommending reclassification as a level 3 offender even tho the law says u can't b reclassed cuz someone recommends it, it's not one of the 3 qualifications for reclassification. Then while ur in jail for the fabricated allegations that the prosecution cannot hope to prove for a complete lack of evidence, the specialist writes another letter of recommendation to the SORB while appealing ur unjustified reclassification stating the charges she incited prove ur risk to public safety? Cuz that's what I'm dealing with. I went out to dinner with friends in Plymouth mass in celebration of my birthday, but police contacting me when I was commuting from Salem to inform me I was being charged with failure to register. I could not understand why? Cuz I was registered at my room for rent in Salem. They are accusing me of moving to Plymouth even tho I told the detective that I was just having dinner with friends. I told my attorney how can they even get an indictment when it's a first time for use to register, and no incedents of uinnapropiate behavior in almost two decades? He said cuz I already have a felony in Essex county. I said yeah the original sex offence from 2001. My cousin told police it never happened and her mom lied to police, but the DA got a specialist to say she couldn't testify and I was suckered into a plea, when I was still a teen. It didn't help that the Preists rape scandal was prevalent in the news circuit. I'm not a predator, over the years I've a number of long term relationships of the old school nature, a man is expected to provide for his lady and treat her like a princess, the woman is always right even when she's completely wrong, learn that lesson and save urself a lifetime of headaches, sleeping on the couch, and avoidable breakups. I don't know why all of a suddenly out of the blue the system is targeting me. Possibly the new harsher penalties for sex offenders made a Target for prosecutors to break in the new laws by targeting older offenders, idk. The point is I didn't move anywhere, and the prosecutor can't produce evidence a a residence that doesn't exist so I highly doubt she's going to get a conviction and if she tries the case, I'll use the Salem witch defence platform, it is a witch with four depts conspiring against me and no evidence and it's in the record that this specialist had gone to police months b4 I was accused and all the letters she wrote are being used in the case, she practically ratted herself out, the system is broken that the judge can't see what's really going on or simply chooses not to see I obviously being framed. But I've been a practitioner of the wicce faith since Junior high,vand if the Salem Massachusetts court is going to accuse a cottage witch of being at risk of stealing away Hansel and Gretel, trie me without evidence and overlook conspiracy, then when I go back to court on the 14th I'm going to put it out there that we're going to have a good old fashioned Salem witch trials with heresay and mudflinging and circustancial evidence, no hard facts or evidence, wild accusations, a jurity of scared Puritans to chastise and demonize me, hand hand me a broom and push me off a cliff hoping they're wrong and I plummet to my death and into ""THEIR"" gods arms and forgiven.
well shit trickery and falsification don't count for anything sending people to prison under false pretenses….. well explains why Trump is questionably, in my opinion, in charge….sad