The Entrapment Defense in Utah

A criminal defendant can raise the defense of entrapment to claim they were coerced or induced by law enforcement officers to commit a crime they would not have otherwise committed. The goal of an entrapment defense is to show that the government improperly instigated criminal activity. Entrapment is a complete defense to a criminal charge, meaning that if your claim of entrapment is successful, you should be acquitted, and the charges against you should be dropped.

However, the defense of entrapment is only successful in limited and very specific circumstances. To successfully raise entrapment as a defense, you will benefit from the knowledge and experience of our skilled Utah criminal defense attorneys.

The criminal defense lawyers at Douglas D. Terry & Associates have been defending people accused of crimes in and around St. George and throughout Utah for over 40 years. Our lawyers regularly appear in courts throughout the state and have earned a reputation as talented and aggressive advocates who work to achieve superior results for our clients. To put our expertise to work for you, contact Douglas D. Terry & Associates today.

What Is the Key to an Entrapment Defense?

In Utah, “entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.” Utah Code Ann. 76-2-303.

Entrapment is an affirmative defense, meaning the defendant must present evidence they believe negates criminal liability, even if the prosecution’s allegations are true. Unlike other defenses that are presented to disprove the facts of the case, an affirmative defense acknowledges the defendant committed the alleged criminal acts but presents additional information that justifies or excuses the defendant’s actions.

There are two key elements to a successful entrapment defense: (1) inducement by a government or law enforcement official; and (2) lack of predisposition to commit the crime.

Inducement by Government or Law Enforcement

To successfully raise the defense of entrapment, a defendant must show they were persuaded, pressured, or lured by police officers or government agents (or people acting in cooperation with law enforcement or government agents) into committing a crime. The defense of entrapment may apply when the police create an opportunity for a defendant to commit a crime.

To succeed in an entrapment defense, it is not enough to show that law enforcement simply provided the opportunity to commit the crime. Instead, the defendant must prove the police actively encouraged or coerced them to commit the crime.

Lack of Predisposition

The defendant must also show they were not predisposed to commit the crime. This means they were not inclined to engage in criminal activity before being induced by law enforcement.

When assessing a defendant’s lack of predisposition, courts often consider factors such as the defendant's past criminal history, their willingness to commit similar acts in the past, and their behavior during the alleged entrapment.

Examples of Police Entrapment

The line between entrapment and providing an opportunity to commit a crime is blurry and the success of an entrapment defense is case-specific. Here are examples of entrapment and police conduct that is not entrapment.

Scenario 1. Imagine an undercover police officer who approaches a person with no history or inclination toward drug dealing. Over several days, the officer pressures the person to sell drugs, offering large sums of money and making emotional appeals. Eventually, the person gives in and sells the drugs.

Here, the defendant could raise the defense of entrapment, arguing they were not predisposed to sell drugs and only did so because they were pressured and coerced by the police officer and were induced into committing a crime they otherwise would not have committed.

Scenario 2. Consider an undercover police officer who poses as a drug dealer in an area known for drug activity. The officer does not approach anyone or pressure anyone into buying drugs but simply makes it known that they are selling drugs. A person with a known history of buying or using drugs approaches the officer, asks to buy drugs, and then completes the transaction.

This is not a case of entrapment because the defendant was predisposed to purchasing drugs, actively sought out the police officer, and voluntarily engaged in the transaction. The officer did not coerce the defendant into buying drugs. Instead, the officer merely provided the opportunity. Because the defendant already intended to buy drugs, the entrapment defense would not apply.

Presenting an Entrapment Defense in Utah

In Utah, a defendant can raise the defense of entrapment in two ways. A defendant can claim entrapment as a defense by filing a written motion with the court. Generally, the motion must be filed at least 10 days before the scheduled trial. The court will hold an evidentiary hearing where the prosecutor and defense attorney both have the opportunity to call witnesses and present evidence. If the motion is successful, the case will be dismissed.

If the court denies the defendant’s written motion claiming entrapment as a defense, the defendant can still claim entrapment at trial. At trial, the defendant will have the opportunity to present affirmative defenses, including evidence of entrapment.

Why You Need a Criminal Defense Lawyer to Claim Entrapment as a Defense

Claiming entrapment as a defense is a complex and technical legal process that should not be attempted without assistance from an experienced criminal defense attorney. Entrapment is an affirmative defense, which shifts the burden to the defense to prove they were induced or coerced into committing a crime. Proving entrapment requires specialized knowledge and a keen understanding of evidentiary rules and legal standards.

The skilled criminal defense lawyers at Douglas D. Terry & Associates know how to prepare and present a well-crafted argument to persuade the judge and jury to find the defendant Not Guilty. In the process, we will ensure your rights are protected throughout the criminal legal process.

Contact Douglas D. Terry & Associates Today

Douglas D. Terry & Associates is a preeminent criminal defense law firm in Utah. Contact us today to schedule a free and confidential consultation to discuss your situation and how we can help. Call (435) 628-4411, email email@SouthernUtahDefense.com, or complete our online form.