If you are facing a drug-related charge, the consequences of a conviction are daunting and should give you serious pause. Bringing your most robust defense is critical, and an important facet of this is that, while police officers and DEA agents have considerable leeway when it comes to investigating your case and exposing any alleged crimes – which includes the legality of engaging in undercover practices – they cannot induce you to commit a crime. Understanding this distinction is critical.
The Inducement of a Crime
Inducement is the nudge that pushes legal investigation practices into entrapment. An example is that if an officer believes that a suspect is selling drugs and approaches him or her to purchase said drugs, there is nothing illegal about the information obtained if the suspect follows through with selling the officer drugs. The officer in this scenario did not induce the crime of an illegal drug sale. In order to induce a suspect to commit a crime, the officer has to engage in a practice that attempts to blind the suspect to his or her legal duties.
For example, imagine if the officer attempted to elicit sympathy from the suspect by telling a heartfelt story about how his or her loved one is in dire need of the prescription medication in question – this qualifies as inducing the suspect to commit a crime, and it is not allowed in the State of Texas.
Are You an Unwary Innocent?
The court will take you and your perceived intent or character into account. Consider the following:
If the court finds that you are an unwary innocent, it basically means that you were not likely to have committed the crime in question (had it not been for the officer’s inducement), and this is to your legal advantage.
If the court finds, instead, that you are an unwary criminal, it basically means that the court believes you would have committed the crime in question whether or not the police officer had involved himself or herself.
The Kinds of Drugs involved
The kinds of drug arrests that are most likely to involve inducement of a crime involve the following kinds of drugs:
Cocaine
Meth
Prescription medications
Heroin
Designer drugs
Seek the Professional Legal Guidance of an Experienced Killeen Criminal Defense Attorney Today
If you are facing a drug charge, your future hangs in the balance, and bringing your strongest defense is critical. Toward this end, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable criminal defense attorney who understands the serious nature of your predicament and the dire consequences of a conviction. Mr. Pritchard takes your legal concerns very seriously and is seriously committed to skillfully advocating for your case’s optimal outcome. Our legal team is on your side and is here to offer the help you need when you need it, so please do not wait to reach out and contact or call us at 254-501-4040 for more information today.
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