Entrapment has been a defense in Massachusetts since 1969. Essentially, entrapment means that the police, or someone acting as an agent of the police, caused someone to commit a crime that they would not have committed otherwise. It involves the notion that police put a criminal idea into an innocent mind. If you have been charged with a drug crime and feel that police may have entrapped you, call an experienced drug crimes attorney like Robert J. Wheeler, Jr. to discuss it.
In Massachusetts drug cases where entrapment is raised, the facts usually involve a hand-to-hand transfer of the drugs from a defendant to an undercover police officer or some other agent of the government. A defendant carries the burden of production, and the defense will introduce evidence of inducement.
While it is not enough that the police solicited a defendant, entrapment can be successfully raised when police engage in drawn out negotiations, appeal to the defendant’s emotions or sympathies, or otherwise act aggressively in persuading the defendant. Again, the idea behind this “inducement” concept is that the defendant would not have otherwise committed the crime.
A skilled Boston drug crimes lawyer like Robert Wheeler will explore the relationship between the officer or agent and the defendant, looking for any indications that the agent played an aggressive role. An experienced Massachusetts drug defense attorney will also draw upon the defendant’s mental and physical state, or even his/her financial situation, to portray a vulnerable person trapped by overzealous police. After the defense produces some evidence of inducement, the government will have to prove beyond a reasonable doubt that the defendant was already inclined to commit the crime. Usually, the prosecutor will try to do this through evidence of the defendant’s behavior relative to the crime. For example, the government might try to establish a defendant’s predisposition through evidence that the defendant knew drug slang or could quickly get drugs from another contact.Law Office of Robert J. Wheeler, Jr. (617) 973 5858
If you have been charged with a drug crime in Massachusetts, contact the Law Office of Robert J. Wheeler, Jr. at (617) 973 5858 (24 hours a day and 7 days a week) or send an e-mail through his website. Attorney Wheeler has been defending those who have been accused of drug crimes for more than 30 years. He uses every defense angle possible in protecting the rights of his clients. Robert Wheeler’s office is located in Boston, and he represents clients from all over the state, in all district, superior, and federal courts. If you would like to speak with him about entrapment or any other criminal issue or charge, he welcomes your call. In addition to drug crimes, Attorney Wheeler successfully defends those charged with: