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Entrapment by Police in Denver and Jefferson County – An Affirmative Defense in Colorado

| Mar 9, 2017 | Defense |

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What is Entrapment in Jefferson County Criminal Cases?

Colorado law defines Entrapment, C.R.S. 18-1-709, as a useful defense:

“The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived or engaged in conduct of the sort induced.”

This defense is more and more useful the more creative and aggressive police officers become. Ultimately, it is for the use of a jury.

Entrapment at a Jury Trial – What Does an Arapahoe County Jury Consider?

If someone is charged with a sexual crime like Enticement of a Child, Internet Luring or drug possession in Arapahoe County, a defense attorney would make good use of the Entrapment defense. The criminal lawyer would build a case that the defendant would not normally involve themselves in the alleged criminal conduct BUT FOR the conduct of the police. Officers can be quite persuasive and get a person to let down their guard. If the defense can show that man or woman charged did not have a propensity to engage in conversations with kids or children, and that police somehow tricked them – or lured them into the conversation – it is possible to be acquitted. For every affirmative defense, the accused is saying that they engaged in the conduct largely because of the efforts of police to make them do it.

Need to Prove You Were Entrapped? Affirmative Defense of Entrapment for Douglas County and Adams County

A burden of proof involves whose job it is to prove something. With most affirmative defenses like Entrapment, once the defense offers proof that a person may have been entrapped, the Adams and Douglas County government needs to prove that you were not entrapped. This is very significant. You don’t need to prove beyond a reasonable doubt that you were entrapped, they need to prove that you were not. Otherwise, the defense wins and the affirmative defense is applicable.

A criminal defense lawyer can do their best work if you do not have any statement once contacted by police. Just be quiet and don’t try to talk the cop out of filing charges. They love that! Instead, give our Entrapment defense lawyers a call and come it to talk. We can meet with you at one of our offices and talk about your charges and available defense. Together, we can protect your future.

Image Credit: FreeDigitalPhotos.net – iosphere