When Can Entrapment be Used as a Defense?
Kansas is one state where the rare legal defense of entrapment is a possible tool in the hands of criminal defense attorneys. Entrapment refers to any act or behavior by a law enforcement agent that encourages or coerces an alleged criminal to commit a crime when that individual has already stated a desire not to proceed.
Under Kansas law, entrapment is illegal for law enforcement to engage in and it is a valid defense for those facing criminal charges. However, because of the complicated nature of the defense, it takes a skilled Johnson County criminal defense attorney to effectively utilize this defense mechanism in order to benefit the defendant to the highest extent.
When a defendant appeals the defense of entrapment, the court will require that they show several key elements to prove that, without the coercion of the law enforcement agent, the defendant had no disposition to commit the crime. The court will look to the defense to prove that the alleged defendant had no intent to commit the crime by examining evidence from the scene, the defendant's behavior prior to the alleged crime and the defendant's previous criminal record. Predisposition, which means that the defendant was a likely candidate to commit the crime, is usually found if the criminal record reflects involvement in the same type of criminal activity as the case involves.
The most common crimes to merit the defense of entrapment are usually those that may involve willing alleged victims such as prostitution and distribution of controlled substances. In such cases, it will be required that the defendant showed that not only the means but the intent to commit the crime were induced by the actions of a law enforcement agent.
Johnson County Criminal Defense Lawyer
As mentioned above, entrapment is a complex defense to crimes committed in Kansas. Furthermore, the crimes that allow for the defense are often the most serious and can have harsh penalties. Therefore, it is extremely important that a Johnson County criminal defense lawyer with experience is retained to handle such cases.
Call Martin & Wallentine today to learn how our skilled team can defend you against your criminal charges.
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska