Facing drug charges can feel overwhelming, but understanding the defenses available can make a significant difference. One possible defense is entrapment, which could lead to a dismissal of the charges. If authorities arrest you for a drug-related offense in Delaware, knowing how entrapment works and when it applies is essential.
What is entrapment in Delaware?
Entrapment occurs when law enforcement officers convince or force someone to commit a crime they wouldn’t have committed on their own. It’s crucial to understand that entrapment doesn’t mean you didn’t commit the crime. It means that, although you may have committed the act, you did so because law enforcement encouraged or pressured you into doing so.
How does entrapment affect drug charge cases?
In Delaware, you may have grounds to dismiss drug charges if you can prove that law enforcement officers used excessive persuasion or coercion to get you to commit the offense. For example, if an undercover officer pushed you to buy or sell drugs when you had no intention of committing a crime, the court might dismiss the case.
To argue entrapment, the prosecution must prove that you were already predisposed to commit the crime. If you can show you had no intention to engage in illegal drug activity, the court might rule in your favor.
What do you need to prove for entrapment in Delaware?
To successfully use entrapment as a defense, you must show that law enforcement’s actions led you to commit the crime. This might include recordings, testimony, or other evidence proving that police officers didn’t just offer you the opportunity to break the law but actively encouraged you to do so.
If the court finds that entrapment took place, it could dismiss the charges, helping you avoid a conviction.
