It is up to the police authorities to make sure that the streets are kept clean of criminal activity.  Unfortunately, there are cases when these operations are orchestrated and set up to facilitate the commission of the crime, before pinning it on an unsuspecting individual. It is then up to an experienced Fort Lauderdale criminal lawyer to get to the truth for the sake of the accused.


To put this into better perspective, just this month, authorities arrested four men who were thought to be smuggling cocaine worth more than $500,000 through Port Everglades. However, as reported by the Sun Sentinel, “defense lawyers for some of the men say the undercover drug sting, involving more than 44 pounds of fake cocaine, might be considered entrapment.” They argued that the law enforcement may have bribed the suspects with the promise of easy money then promptly arrested them.

Entrapment is a defense used in criminal charges, and it is based on the interaction between officers of the law and the defendant before the alleged crime took place. A typical scenario plays out similarly to the case mentioned above, where law enforcement officers use coercion to encourage someone to commit a crime. However, it’s not simply presenting an opportunity to commit a crime, but using threats, harassment, fraud, or other distasteful tactics to get a person to carry out an illegal act.

Assessing an entrapment defense is subject to either an objective or a subjective standard. Florida has a subjective standard, meaning that defendants who claim entrapment have to be able to prove it by a preponderance of the evidence that an officer of the law encouraged them to commit a crime. There should also be proof that the defendant would not have committed the crime if not for the persuasion of the law enforcement officer.

Entrapment is usually claimed in government sting operations that involve drug dealing, bribery, or sex offenses. Those who are successful in showing entrapment will very likely avoid being convicted of the crime in the end.

Those who feel like they are a victim of entrapments should get the assistance of an experienced Ft. Lauderdale criminal lawyer such as Richard Della Fera.


4 caught in fake drug sting at port; lawyers claim entrapment, Sun Sentinel, May 1, 2015

What is entrapment? NOLO