- the accused was induced or encouraged by law enforcement or a law enforcement agent (such as a confidential informant) to engage in criminal conduct in order for law enforcement to obtain evidence of the commission of a crime;
- the accused engaged in such criminal conduct as a direct result of law enforcement inducement or encouragement;
- the person who induced or encouraged the accused was a law enforcement officer or a person engaged in cooperating with or acting as an agent of a law enforcement officer;
- the person who induced or encouraged the accused employed methods of persuasion or inducement so as to create a substantial risk that the crime would be committed by a person other than the one who was ready to commit it; and
- the accused was not a person ready to commit the crime.
Once the Court finds that the defense has met their burden, the burden shifts to the State to prove beyond a reasonable doubt that the accused was predisposed to commit the alleged crime and that the accused’s predisposition to commit the crime existed prior to and independent of the inducement or encouragement by law enforcement.
In cases where these defenses are not available, other options that can be explored include drug court and pre-trial diversion.
If you or a loved one has been charged with a drug offense, it is important to seek the advice of a competent and skilled criminal defense lawyer. We will be able to evaluate your case and look for defenses that may not be obvious to you. Call today at 407-473-1233 to schedule your free and confidential case review.