Entrapment can occur when police coerce an otherwise unwilling person to commit a crime. If you are under investigation for drug crimes, it is a defense strategy that you may use in court.
Entrapment is a serious issue
North Dakota courts recognize entrapment as a valid defense against drug charges. An entrapment may have occurred if there are:
- Excessive pressure from undercover officers to participate in illegal activities
- Repeated requests or demands to engage in criminal behavior
- Promises of unusual rewards or benefits for committing a crime
- Creation of emotional or sympathetic scenarios to encourage illegal actions
Entrapment is different from simply providing an opportunity to commit a crime. The burden of proof lies with you, the defendant, to prove entrapment occurred.
This can involve showing that the idea for the crime came from law enforcement officers, not from you, and that you had no predisposition to commit the crime before their involvement.
You will also need to prove that the officer’s actions would have caused a reasonable person to commit the crime. If you had no prior involvement in illegal drug activity, it could further support an entrapment defense.
Do not risk your freedom
Entrapment can land you consequences for crimes you did not commit or may not be aware of committing. If you believe you are a victim of one, keep detailed notes about all interactions with law enforcement.
Do not engage in further conversations or actions without legal advice. Your attorney can help you determine if entrapment occurred, and if there was, they can raise a strong defense.