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Michigan Criminal Defense of Entrapment

In Michigan, the defense of entrapment exists if either of the following exists the police engaged in impermissible conduct that would induce a law-abiding person to commit a crime in similar circumstances, or the police engaged in conduct so reprehensible that it cannot be tolerated.

Everyone remembers the case United States vs. John De Lorean where the entrapment defense was successful.

Entrapment Defense: Undercover Drug Deals and Police Internet Sting Operations

The defense of entrapment comes to mind whenever the police engage in undercover drug deals (controlled drug/marijuana buys) or sting operations on the internet pretending to be a minor child of on the lookout for child predators (solicitation of a minor). Unfortunately, entrapment is rarely successful as a defense under the theory that the mere furnishing of an opportunity for a person to commit a crime is not entrapment pursuant to Michigan law. A person must show that the police conduct caused him to commit a crime that an otherwise law-abiding citizen in similar circumstances would not have.

Supporting Factors for Entrapment Defense

Some of the relevant factors which bolster the defense of entrapment include attempts by the government to establish trusting and friendly relationships, inducements that would entice an otherwise law-abiding citizen, pressure and acts by the law enforcement officers to increase the criminal exposure of another and any targeting of the investigation.

Asserting Entrapment May Support Reduction of Offenses and Punishment

Our firm asserts the entrapment defense whenever the factors provide a basis to do so. Realistically, even though most claims of entrapment fall short, there may be sufficient egregious law enforcement behavior which will support a plea bargain for lesser charges and punishment.

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