Why Arguing Entrapment Is Often Not the Best Defense Strategy

Entrapment is a difficult defense to prove for any crime because the burden is on the defendant. Law enforcement officers are generally permitted to utilize a degree of deception and initiate opportunities to commit crimes through tactics like sting operations. As long as the methods create only an opportunity and don't rise to overbearing pressure or coercion, they are unlikely to be deemed entrapment.

Another problem with the entrapment defense is that simply showing that law enforcement created the opportunity isn't enough—you must demonstrate you were not already predisposed to commit the crime. Evidence that might support a lack of predisposition could include:

  • No prior history or criminal record of similar conduct
  • Initially resisting or expressing reluctance to the government's entreaties
  • Being induced through extreme pressure, threats, harassment, fraud, etc.

It’s important to consider that claims of entrapment inevitably become a "swearing contest" between the defendant and law enforcement over the nature and extent of government inducement. Law enforcement officers have a major credibility advantage in arguing that you were predisposed toward the criminal act.

You Need Berlin Defense

Due to the evidentiary hurdles of proving entrapment, it's generally not advisable to rely on it as the lynchpin of your sex crimes defense strategy. For the best chance at a favorable outcome for your case, you need a defense lawyer who can:

  • Rigorously challenge the investigation tactics and question the officers' credibility and integrity
  • Develop all other available defenses and reasonable doubt arguments
  • Highlight mitigating factors and alternatives to harsh punishment
  • Negotiate for reduced charges or sentences where appropriate
  • Ensure your rights are protected every step of the way

If you have been charged with a sex crime in the Tulsa area, the stakes are simply too high to leave your future to chance. At Berlin Defense, our office focuses exclusively on defending clients accused of sex crimes and domestic violence. Lee will use his past experience as a prosecutor to explain what prosecutorial strategies are likely to be used in your case. Then, he’ll implement his proprietary Berlin Defense system—a system developed based on over 20 years of defending clients—to provide the highest level of legal representation.

Check out our case results and client testimonials to learn more about why people just like you have chosen our firm to build their defense strategy.

Lee Berlin
Dedicated to defending clients accused of domestic violence, sex & violent crimes throughout eastern Oklahoma.