In general, there is nothing improper about the police setting traps such as with undercover methods to catch those who are already disposed towards committing a crime. The police cannot, however, instigate a crime by implanting or initiating criminal ideas. For the Entrapment Defense, the issue is not whether the police or government agent brought about the particular criminal offense, but rather, whether the police or government agent brought about the defendant's predisposition to crime. No entrapment exists if a person is ready and willing to commit a crime whenever the opportunity presents itself and a government agent merely provides the opportunity or facilities to do so.
When the criminal defense of Entrapment is raised, the burden is on the prosecutor to prove beyond a reasonable doubt that the defendant was not entrapped, i.e., the predisposition of the defendant to commit the crime charged.
If you have been charged with a crime in Massachusetts and believe that you have been entrapped by the police or some government agent, you should immediatley consult with an experienced Massachusetts Criminal Defense Lawyer.
Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 to discuss your criminal case with you. To schedule a Free Consultation, Contact Us Online or call 617-325-9500.