Entrapment in Georgia Criminal Law: What You Need to Know

If you’ve been charged with a crime in Georgia, you’re probably wondering whether law enforcement crossed the line in building its case against you. While police officers are allowed to conduct undercover operations, there are strict limits on what they can do. When officers or their agents push an individual into committing a crime they would otherwise not have committed, the defense of entrapment can apply.

Understanding how entrapment works in Georgia can help you figure out whether it may be a defense in your case and why having an experienced Cobb County, GA, criminal defense lawyer on your side is critical.

What is entrapment? 

Under O.C.G.A. § 16-3-25, Georgia law defines entrapment as a situation where a person is induced or persuaded by law enforcement officers (or by someone working with them) to commit a criminal act that the person was not otherwise predisposed to commit.

In other words:

• If you already intended to commit the crime, it’s not entrapment
• If the government pressured you into doing something illegal that you weren’t inclined to do, it might be entrapment.

An entrapment defense is designed to prevent police from manufacturing crimes and punishing people who were not predisposed to criminal behavior.

Examples of entrapment

Entrapment cases often arise from drug crimes, prostitution stings, or online solicitation cases. For example:

• An undercover officer offers drugs for sale, and you willingly buy them. That’s not considered entrapment because you made a choice.
• An officer repeatedly pressures someone who has never used or sold drugs in their life to obtain narcotics for them, eventually wearing them down. That could be entrapment.
• In a sting operation, officers aggressively encourage illegal activity that a reasonable person would not have otherwise engaged in. This also might be entrapment.

The key question is whether the idea and motivation to commit the crime came from you or from the government.

Understanding the burden of proof in entrapment cases

In Georgia, if you claim entrapment as a defense, you must first show some evidence that you were induced to commit the crime. Once you raise an entrapment defense, the burden of proof shifts to the prosecution to prove beyond a reasonable doubt that you were predisposed to commit the crime anyway.

This makes entrapment a powerful but limited defense. Courts are careful when applying it since many undercover operations depend on some level of deception.

Why entrapment defenses are complex

Entrapment is much more difficult to prove than the public generally realizes. Prosecutors often argue that the accused was already “ready and willing” to break the law, regardless of the police’s involvement. That’s why the details are so important. Your criminal history, the officer’s behavior, and the circumstances leading up to the arrest will all play a significant role.

A skilled Cobb County criminal defense attorney can investigate whether law enforcement went too far, challenge the credibility of any undercover officers, and present entrapment to the jury when appropriate.

Talk to a Cobb County, GA, Criminal Defense Lawyer Today

Andrew L. Schwartz, P.C., represents the interests of Cobb County residents who have been charged with crimes. Call our Cobb County criminal defense attorneys today to schedule an appointment, and we can begin preparing your defense right away.