Los Angeles Downtown Skyline

Defenses to Entrapment in California

Entrapment is when the police originate the idea of the illegal act and then induce the accused to engage in that act. However, if the person who originates the idea is not a police officer or connected to the government then it is not entrapment.

The purpose of the defense of entrapment is to discourage overzealous police officers from tricking people into committing crimes that they would not have committed otherwise.

The key to an entrapment defense is to show that the defendant was not predisposed to commit the illegal act and that had the police officer not entrapped him, he would not have committed the act. This means that the defense must show that the police officer’s actions would have induced a normally law abiding citizen to commit a crime. But, if the accused is predisposed to commit the criminal act and the police officer merely gives him the opportunity to complete the act then it is not entrapment.

For example an undercover police officer goes to Sally’s house once a day everyday for two weeks begging Sally to sell him drugs. Each time the police officer asks Sally for drugs Sally says no. Finally, the police officer tells Sally that the drugs are for his dying mother and are just so that she can live her few remaining days without pain. Sally breaks down and sells the officer some drugs. The police officer then arrests Sally for selling drugs to an undercover police officer. This amount of badgering is enough to provide an entrapment defense and get the case dismissed.

However, take Sam’s situation. Sam was arrested for felony drug charges. An undercover police officer calls Sam posing as a customer and asks to meet at the local 7-11. When they meet, the undercover officer gives Sam $50 and in turn Sam gives him the drugs. This is not entrapment because Sam was predisposed to commit the crime and the undercover officer merely gave him the opportunity to do so.

Remedies For Entrapment

If entrapment is a defense, an experienced attorney like those at Hoffman & Associates, can file a motion to suppress the evidence and get the case dismissed.

Client Reviews
★★★★★
I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time...
★★★★★
My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
★★★★★
Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
★★★★★
I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
★★★★★
I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez
★★★★★
Ron was so accommodating and professional. With a Firm like his you wouldn't expect him to be as accessible, but he immediately returned phone calls, was easy to communicate with and was very sympathetic to my situation. He went above and beyond and was able to get a better result than I'd hoped or expected. I highly recommend Ron Hoffman and his firm. He made a difficult and anxiety fueled process bearable and made me feel safe. He is a lovely man. One does not wish to need a criminal attorney, but if you do need one, Ron's the guy to call... Teri A.
★★★★★
Ron and his team were the perfect pairing for what I needed taken care of. Every step of the way he was extremely helpful and informative (not his first rodeo). His work ethic and attitude were exemplary and it showed with the results of using his services. I would recommend anyone I know to give Ron a call if they need help in his realm of expertise. Many thanks Ron and associates!... Donald N.
★★★★★
I didn't hire a lawyer for my first DUI... What a mistake! Ronald goes above and beyond with his art and knowledge of custom strategy according to your case. lawyer of the year (every year)... Adam R.
★★★★★
I hate lawyers. They are hard to get a hold of, greedy and unreliable. Ron is the opposite of all these things. He deserves 6 stars, and I very much recommend him. He helped me through my case with nothing but kindness, understanding, and knowledge and eventually got it dropped. Thanks for everything Ron!... Avi Z.