Entrapment: Introduction

Entrapment involves commission of a crime with active participation by a law enforcement official, or by someone acting at the direction of a law enforcement official. The law enforcement official (or agent) induces the person to commit an offense. This inducing may occur in either of two ways. In the first way, the law enforcement official (or agent) assures the person that the activity in question is, in fact, legal. In the second way, the law enforcement official (or agent) persuades the person to commit the offense. For an entrapment defense based upon this second way to succeed, the person is required to prove that, absent the persuasion, he would not have committed the offense. Entrapment is a legal defense to both federal and New Jersey criminal charges.

Entrapment Under Federal Law

Under federal law, the entrapment defense arises from the “common law.” That is, no federal statute establishes the federal entrapment defense. Rather, the federal entrapment defense comes from decisions made by federal judges in federal courts. The United States Supreme Court decision that recognized the entrapment defense as a matter of federal law came over eighty years ago. It was Sorrells v. United States, 287 U.S. 435, 53 S.Ct. 210, 77 L.Ed. 413 (1932).

Entrapment Under New Jersey Law

New Jersey now defines the entrapment defense by statute. The specific New Jersey entrapment statute is N.J.S. 2C:2-12. Well before enactment of N.J.S. 2C:2-12, however, New Jersey court decisions recognized the entrapment defense through its own common law. An early case recognizing the entrapment defense was State v. Dolce, 41 N.J. 422 (1963). This Dolce opinion, in turn, relied heavily on the federal Sorrells case.

Entrapment: Strategic Considerations

In order to defend on the theory that law enforcement committed an entrapment, it is necessary to concede that the person actually committed the illegal act in the first place. Sometimes, the prosecution's proofs in that regard will be weak. In those situations, the person must decide whether to rely upon his presumption of innocence as to whether he committed the act; or whether to concede that he committed the act, but rely upon the entrapment defense.

Law Offices of Allan Marain

New Jersey entrapment lawyers and federal entrapment lawyers in New JerseyAllan Marain is a New Jersey criminal entrapment lawyer. He has over forty years of criminal defense experience. He has successfully defended thousands of persons charged with crimes. He is available to discuss your charges in a one-on-one confidential no-obligation conference.

Call him.



 Overview  |  Allan Marain  |  Norman Epting, Jr.  |  The Practice  |  Confidentiality  |  Selecting a Lawyer 
 Trial Transcript  |  Jobs and Internships 

 Abandoned Cars  |  Aiding Suicide  |  Animal Cruelty  |  Appeals  |  Bribery  |  Child Pornography  |  Conspiracy  |  Drug Crimes  |  El Paso 
 Endangering  |  Entrapment  |  Evidence  |  Expungements  |  False Swearing  |  Federal Appeals  |  Federal Crimes  |  Forfeitures  |  Guilty Pleas  |  Gun Law 
 Jury Service  |  Mail Fraud  |  Manslaughter  |  Megan's Law  |  Miranda Warnings  |  Money Laundering  |  Municipal Court 
 Murder  |  NERA  |  Peeping Tom  |  Point Assessments  |  Police Misconduct  |  Police Questioning  |  Red Light Cameras  |  Sex Crimes  |  Street Crimes 
 SVPA  |  Tax Crimes--Federal  |  Traffic Offenses  |  Unauth'd Prac Law  |  Vehicular Homicide  |  Wire Fraud 

 Discrimination  |  Domestic Violence  |  Drivers Licenses  |  Excessive Force  |  Freedom of Speech 
 Personal Injury  |  Whistleblowers 

 Super Links  |  11 o'clock  |  NJMarijuana.com  |  Poker Portal  |  How Did We Do?  |  Collatz Conjecture  |  English 101  |  PGP Public Key 

 The Bottom Line