Entrapment as a Defense in Drug Crime Cases in Georgia
Facing drug charges in Georgia is a serious matter, and convictions can result in long prison sentences, hefty fines, and a permanent criminal record. However, one possible defense that may be available in certain cases is entrapment. While not always easy to prove, entrapment can be a powerful defense when law enforcement oversteps its bounds and induces someone to commit a crime they otherwise would not have committed. Here’s what you need to know from our Atlanta Criminal Defense Attorneys at The Spizman Firm about how Georgia law treats entrapment in drug crime cases.
What Is Entrapment?
Under Georgia law, entrapment occurs when a government agent or law enforcement officer persuades, pressures, or tricks a person into committing a crime they were not predisposed to commit. The key issue in these cases is not whether the person committed the crime, but why they committed it.
Entrapment is considered an affirmative defense, meaning the defendant must raise it and provide enough evidence to support the claim. Once that threshold is met, the burden shifts to the prosecution to prove beyond a reasonable doubt that entrapment did not occur.
Elements of Entrapment in Georgia
To successfully raise the entrapment defense in a Georgia drug case, the defendant must show:
- Inducement by Law Enforcement: A government agent (such as a police officer or undercover agent) induced or persuaded the defendant to commit the drug offense.
- Lack of Predisposition: The defendant was not already willing or planning to commit the crime before the government’s involvement.
If both elements are met, the defense of entrapment may lead to a dismissal or acquittal.
What Entrapment Is Not
It’s important to understand that simply being given the opportunity to commit a drug crime does not qualify as entrapment. For example, if an undercover officer offers to sell drugs and the defendant eagerly agrees, entrapment likely won’t apply because the defendant demonstrated a predisposition to commit the crime.
Similarly, if someone already involved in drug dealing is caught in a sting operation, they may not succeed with an entrapment defense, even if law enforcement played a role in the setup. Georgia courts look at prior conduct, statements, criminal history, and other evidence to assess predisposition.
Common Entrapment Scenarios
Entrapment may be argued in cases where:
- An undercover agent repeatedly pressures or harasses someone to buy or sell drugs.
- The defendant initially refuses but eventually gives in after significant persuasion.
- Law enforcement uses deception or threats to get someone to commit the act.
Building a Strong Defense
Entrapment defenses often involve complex legal and factual issues. Courts examine the nature of the law enforcement conduct and the defendant’s state of mind. A skilled defense attorney can gather and present evidence—such as text messages, recordings, and witness testimony—to establish that the government crossed the line.
Schedule a Consultation Today
Entrapment is a valid legal defense in Georgia drug cases, but it requires a clear showing that the defendant was improperly induced by law enforcement and was not otherwise inclined to commit the offense. If you believe you or a loved one was entrapped, you need experienced legal counsel to protect your rights and challenge the prosecution’s case.
The Spizman Firm proudly serves clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact our team today for skilled criminal defense representation.
