What constitutes entrapment?

Question Details:A confidential informant called me several times for me to go and sell him a CD's. I told him every time no. He kept on calling me throughout the day and I kept telling him no. He then called me up 1 last time and I finally went. Needless to say it was a set up with a law enforcement agent. Is that entrapment?

Asked 5 years ago under Criminal Defense | 2937 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 5 years ago

Not a chance.  To prove the entrapment defense, you have to show that the crime is one that you would not have committed, that you had no predisposition to commit, without the inducement of an undercover cop or informant acting with them.  If you had never used CDS, and could prove that, and bought it only after multiple calls to get you to try the stuff, that's entrapment.  In your case, you had the CDS, and you had it in enough quantity to sell, and you had the intent to distribute.  The fact that the C.I. tricked you into assuming you wouldn't get busted doesn't make it entrapment.

Attorney Quick Finder

Top Ranking Attorneys

  • Anne Brady 923 Answers | Points 46130 Platinum Contributor
  • Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
  • Hong Shen 568 Answers | Points 28400 Platinum Contributor
  • Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
  • Victor Waid 522 Answers | Points 26060 Platinum Contributor
  • Tricia Dwyer 480 Answers | Points 22150 Gold Contributor