What Happens When a Solicitation Case Involves Entrapment?
Solicitation charges can have serious consequences, including damage to your reputation, fines, and even jail time. However, not every solicitation case is straightforward. In some instances, law enforcement uses tactics that may cross legal boundaries, leading to a defense known as entrapment. If you’ve been charged with solicitation and believe you were unfairly lured into committing the crime, The Spizman Firm is here for you.
What Is Entrapment?
Entrapment occurs when law enforcement officers or their agents induce someone to commit a crime that they otherwise would not have committed. It’s a legal defense that hinges on the idea that the defendant was persuaded, coerced, or manipulated into breaking the law.
For a successful entrapment defense in Georgia, the accused must prove two key elements:
- Inducement by Law Enforcement: The defendant must show that the idea of committing the crime originated with law enforcement, not with them.
- Lack of Predisposition: The defendant must demonstrate that they were not already predisposed to committing the crime before being induced by law enforcement.
Entrapment in Solicitation Cases
Solicitation cases are particularly prone to entrapment claims because law enforcement often conducts sting operations to catch alleged offenders. These stings may involve undercover officers posing as individuals offering illicit services, often through online ads, text messages, or in-person encounters. While sting operations themselves are legal, they must not cross the line into entrapment.
For example, if an undercover officer merely provides an opportunity for someone to solicit illegal activity, it may not constitute entrapment. However, if the officer actively persuades or pressures someone to engage in solicitation—perhaps through repeated contact or exaggerated promises—this could qualify as entrapment.
How Entrapment Is Proven in Georgia
Entrapment is an affirmative defense in Georgia, meaning the defendant has the burden of proving it. To assert this defense, your attorney will need to demonstrate that:
- You were not predisposed to commit solicitation.
- The police or their agents induced the illegal behavior.
Evidence often plays a critical role in building an entrapment defense. Communications such as emails, text messages, or recordings from the sting operation may show whether law enforcement crossed the line from providing an opportunity to actively inducing the crime.
Challenges in Entrapment Cases
Entrapment defenses can be challenging because the prosecution often argues that the defendant was predisposed to commit the crime. For example, if you responded to an online advertisement or initiated contact, the prosecution may claim this shows predisposition. A skilled attorney can counter this by highlighting excessive or inappropriate tactics used by law enforcement.
Why Legal Representation Matters
Entrapment defenses require a deep understanding of Georgia’s laws and a careful analysis of the evidence. Without experienced legal representation, it’s easy to lose critical opportunities to challenge the prosecution’s case.
At The Spizman Firm , we have extensive experience defending clients against solicitation charges, including those involving entrapment. Our Atlanta solicitation lawyers proudly serve clients in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’ve been charged with solicitation and believe you were unfairly targeted, contact us today to discuss your case and explore your options for defense.
