How Does Entrapment Work as a Defense in Michigan?

When law enforcement goes too far during an investigation, it can feel like you were set up. If you’ve been charged with a crime in Michigan, you might be wondering whether you can use entrapment as a defense. Understanding this legal tool is crucial when challenging improper police conduct. Continue reading and work with an experienced Upper Peninsula criminal defense lawyer today.

What is Entrapment?

Entrapment occurs when law enforcement induces or persuades a law-abiding person to commit a crime they otherwise would not have committed. It’s a defense that focuses on improper police conduct, not the defendant’s character. If the police manufacture the crime, it may be entrapment. For example, an officer repeatedly pressuring a hesitant person to sell drugs or offering an excessive cash incentive to commit theft could be considered entrapment.

How Does Entrapment Work as a Defense in MI?

Using entrapment as a defense can be extremely effective, depending on the circumstances. If a court finds that the police entrapped the defendant, they cannot be found guilty.

In Michigan, the courts use what is called the “objective test” to determine if entrapment occurred. The focus is on the conduct of the police, not on whether the defendant was already predisposed to commit the crime. The court evaluates whether the methods used by law enforcement were so tempting or persuasive that they would likely induce an otherwise law-abiding person to commit the offense. This involves looking for things like repeated or excessive solicitation, appeals to sympathy or friendship, or offering rewards so tempting they override hesitation or reluctance. The court’s primary goal is to ensure that the police are investigating crimes, not manufacturing them.

If the police conduct would have caused a reasonable, law-abiding person to commit the offense, or law enforcement engaged in behavior that was likely to produce criminal activity, it may constitute entrapment. In this case, the defendant would be found not guilty.

How Can I Prove Entrapment?

To prove entrapment, you must establish the police’s conduct by a preponderance of the evidence. This means that it is more likely than not that the entrapment occurred. Focus on the actions of law enforcement. In Michigan, the defendant must prove two things: the police engaged in conduct that would have persuaded an ordinary law-abiding citizen to commit the crime, and the police activity was likely to lead to criminal behavior.

Evidence is crucial to prove that you were entrapped. This can include:

• Recorded conversations, texts, or other messages
• Reports from undercover operations
• Witness statements
• Evidence of previous refusals or hesitations
• Offers of money, flattery, or appeals to sympathy or friendship
• False assurances that you will not get caught

If you can provide enough evidence to establish that the law enforcement officer or agency created the criminal intent, you can secure a not guilty verdict. To secure the help of an experienced attorney, reach out to Berger Law today.