Gary:

If the police have gone too far in pushing these cases, for instance, after the initial contact, the defendant was not interested, or perhaps interested only in hooking up with an adult, but the idea of sex with a kid is continually pushed by law enforcement, there is an excellent chance that law enforcement has gone too far and that the defendant has been entrapped. That's the idea they don't show. If the police have induced someone to do something they wouldn't otherwise do, that's one form of entrapment.

Bill:

I understand there are 2 kinds of entrapment. There is an objective kind, which is the really bad kind that the police are involved with, like they've actually done some type of misconduct or overkill in setting up to sting. Is that right?

Gary:

That's correct. Overkill is a good way to phrase it.

Bill:

There is also a subjective kind, which is just fact intensive based upon the person who has been accused and perhaps they didn't intend to do it at all and they were just pushed, but it's not necessarily that the police did anything illegal or overstep their bounds. But the police did just enough where a person normally wouldn't commit such a crime. They overcome with either passion or with the inducement.

Gary:

The way you explain that is perfectly. One has nothing to do with the mindset of the defendant. It's just about what the police did the other one; it's about the person's mindset being broken down by what the police were acting.

Bill:

Now, does a judge or a jury rule on the issue of entrapment?

Gary:

First, objective or overkill as you stated that judge would make the determination on that. That's a judge question.

Bill:

How would you get that in front of the judge, is that something your client does, or is that something you as the criminal defense lawyer?

Gary:

As a criminal defense lawyer that deals with sex crimes, we would file a motion to dismiss for objective entrapment, or violation of the client's due process rights. Then we would set up for hearing and then we would make our argument to the judge. And the judge would make the determination about whether they agree to the police overstepped.

Continue to Part 13 >>

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

More Settlements