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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I was arrested for selling drugs to a C.I. who wore a wire.

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I was arrested for selling drugs to a C.I. who wore a wire. Two days before this he had taken money ($500.00) to get me drugs. He had never returned. He called and said he had my money. After he gave me the money back he asked if I could help him out because he had several things to do and was tired. So, since he gave me my money back that he said he had borrowed from his boss. I sold him $150 worth. (the cops are charging me with double that amount) Is it leagl for them to charge me with this or is it intrapment? They are also taking my 2008 ford superduty that i paid for from selling my home not form selling drugs.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



it would not be entrapment unless you can prove that you would never have committed the crime, if this person did not contact you and "lure" you into the crime. entrapment occurs if the conduct of the investigating officers or their agents in dealing with the defendant would "likely" have induced a "normally law-abiding person" to commit the crime with which the defendant was charged


entrapment occurs if the defendant committed the crime as the result of an officer's threats or other pressure such as badgering, coaxing, cajoling, or importuning. for example, if the defendant a recovering addict with a steady job, sold to an undercover police agent only because, (1) the agent telephoned him repeatedly at work; (2) he was afraid he would lose his job if the agent kept calling, so he agreed to meet and (3) during the meeting, which lasted more than an hour, the agent "importuned him relentlessly until his resistance was worn down and overcome."


entrapment also occurs if the conduct of the officers would have generated in the mind of a normally law-abiding person an unusual and compelling motive to commit the crime - for example, entrapment may result if an officer persuaded the defendant to commit the crime as an act of friendship or sympathy instead of a desire for personal gain or some other common criminal motive.


entrapment does not result merely because officers created a situation which made it possible for the defendant to commit the crime - this is because it is presumed that a normally law-abiding person would resist the temptation to commit a crime if officers did nothing more than give him an opportunity to do so. consequently, it is not entrapment to employ undercover officers or agents to pose as drug sellers, drug buyers, prostitutes, or johns


courts have ruled the following:

"[T]he rule is clear that ruses, stings, and decoys are permissible stratagems in the enforcement of criminal law, and they become invalid only when badgering or importuning takes place to an extent and degree that is likely to induce an otherwise law-abiding person to commit a crime"


and you can be charged with anything - but the state must prove it beyond a reasonable doubt.

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