It is not uncommon for Arizona authorities to use undercover officers to identify potential sex offenders. In many of these cases, police officers may pose as underage persons or prostitutes in an effort to uncover illegal activity. If you have been accused of committing a sex crime in the state of Arizona, it’s critical that you understand the elements of entrapment as a form of defense. Where applicable, the entrapment defense can be important for ensuring that police officers do not overstep their bounds and attempt to act above the law.
In Arizona, sex crimes can carry stiff penalties in terms of a criminal record that follows you throughout your life. Since a conviction can have such a lasting impact on your future, you should evaluate possible defenses to a sex crime charge right away. It may be in your best interests to exercise your right to remain silent until you’ve consulted directly with Mesa Criminal Defense Lawyer Garrett L. Smith. You might believe that you’re helping your case by being honest, but you might accidentally incriminate yourself. Share the details of the incident with your attorney to determine if an entrapment defense is applicable.
Entrapment is one of the most common defenses used in a sex crime case, but it can only be successful when applied properly by a Mesa criminal defense attorney. Entrapment refers to specific situations where a law enforcement officer acts in a way that lures an individual into committing a crime that he or she otherwise would not have committed.
Entrapment is unlikely to be a successful defense if the evidence points to the defendant intending to commit the crime already. If the police officer simply created the means for the individual to commit the crime, rather than luring the defendant to commit a crime at all, an entrapment defense may not be the best course of action.
If the police officer approaches an individual and tries to convince them to engage when the individual otherwise objects or appears unwilling, this could be seen as entrapment. Situations where a police officer tries to intimidate a person into engaging in sex crime may also align well with an entrapment defense.
There are three primary elements in place that could make for a successful Mesa sex crime entrapment defense:
- The defendant did not intend to commit a crime
- The government agent/officer was the origin for the concept of committing a crime
- The government agent/officer convinced and persuaded the defendant to commit a crime
If you believe that entrapment could be a valid defense in your sex crime case, consult with a Mesa criminal defense attorney as soon as possible. Proving entrapment can be complex and should only be handled by an experienced attorney. It can be difficult to locate witnesses to support your allegation that a police officer persuaded you to commit a crime. It can also be challenging to structure an entrapment defense if you have a criminal record. This is why it’s so critical to get legal advice from a knowledgeable Mesa criminal defense attorney right away so that you are informed about your rights.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Mesa Criminal Attorney, Garrett L. Smith at 480-540-6021 log on to www.mycriminaldefenselawyeraz.com, or contact an attorney in your area.