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Exploring the entrapment defense against drug charges

Most residents know that it is now legal to possess marijuana in Colorado, but that does not mean the state has adopted a lenient approach to all drugs. One of the biggest mistakes we see people make in cases involving drug charges is assuming that the state will not aggressively pursue prosecution.

There are many effective defenses one can pursue when facing drug charges. Entrapment by the authorities is one of these defenses, but it is important to make sure such an approach has a good chance of success. In certain clear-cut cases, the entrapment defense may work, but other times, the prosecution will tear this approach to shreds.

When is the entrapment defense effective?

In basic terms, entrapment occurs when a government agent induces someone into committing a crime that the person would not have otherwise committed. For example, say you were once a known drug dealer, but you abandoned such activities in favor of a crime-free life. An undercover law enforcement officer keeps contacting you and asking you to sell him or her some cocaine. For whatever reason, you finally agree to find and sell the substance only to be arrested by the officer on drug charges.

In the above example, it may be possible to avoid a conviction with an entrapment defense. However, it is important to understand that law enforcement officers know how entrapment works and typically avoid making mistakes that can compromise their investigations.

While entrapment sounds like an easy fix against drug charges, it takes proof to make such a defense work. The good news is that there are many other defenses that may succeed when proving entrapment is not possible. You can learn more by exploring our pages dedicated exclusively to drug offenses.

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