Understanding the Entrapment Defense in Tampa, Florida

Accused of a Crime in Tampa Bay? Understanding the Entrapment Defense in Florida

At Brancato Law Firm, P.A., we’re committed to defending individuals in Tampa, Florida, who have been unjustly targeted by law enforcement. A critical defense in certain situations is entrapment. If you or someone you know faces criminal charges in Hillsborough County and suspect police induced the crime, an experienced attorney who deeply understands the entrapment defense is essential for your case.

What Exactly is Entrapment in Florida?

Entrapment happens when police officers or their agents persuade or trick someone into committing a crime they wouldn’t have otherwise committed. Under Florida law, if you use an entrapment defense, you typically admit to the act itself. However, you argue that law enforcement’s undue influence was the sole reason for your actions. This makes it a defense that requires careful legal strategy.

Two Key Types of Entrapment in Tampa Courts: Objective vs. Subjective

Florida courts, including those serving Tampa Bay, recognize two primary forms of entrapment:

1. Objective Entrapment: Focusing on Law Enforcement Conduct

Objective entrapment scrutinizes the actions of the police rather than your past history or predisposition. If law enforcement’s behavior is so outrageous or egregious that it violates your due process rights under the Florida Constitution, the charges against you may be dismissed.

Examples of conduct that might lead to an objective entrapment defense in Florida include:

• Offering significant financial rewards to confidential informants (CIs) to create crimes instead of just investigating existing ones (as seen in State v. Glosson).
• Police manufacturing illegal drugs to use in a sting operation near a school (as highlighted in State v. Williams).
• Government agents creating illegal content, like child pornography, specifically to lure and entrap an individual (referenced in Farley v. State).

2. Subjective Entrapment: Were You Predisposed to Commit the Crime?

Subjective entrapment, detailed in Florida Statute § 777.201, centers on whether you, the defendant, were already inclined to commit the crime before law enforcement got involved. If you had no prior inclination or history of such criminal behavior and were induced by the police, entrapment could be a strong defense.

When evaluating subjective entrapment, Tampa courts will consider factors like:

• Your prior criminal record (or lack thereof).
• Any reluctance you showed to commit the crime.
• Whether the initial idea for the crime came from law enforcement or their agents.

A notable case, State v. Finno, illustrates subjective entrapment. Police initiated a loan-sharking scheme, trained the defendants on how to run it, and then arrested them, even though there was no evidence the defendants were previously involved in such activities. Similarly, in Demare v. State, law enforcement induced a man into sexual online chats with an undercover officer posing as a minor, even fabricating the age after initial contact. The court found this conduct so improper the case shouldn’t have gone to a jury. The case of Curry v. State also shows egregious inducement where law enforcement encouraged a romantic and sexual relationship between a CI and the defendant to facilitate crimes.

Proving Entrapment in Hillsborough County and Florida Courts

To successfully argue entrapment in Florida, including Tampa courtrooms, the process generally follows a three-part test established in Munoz v. State:

1. Did Law Enforcement Induce the Crime? You (the defendant) must first show evidence that law enforcement persuaded, encouraged, or coerced you into committing the offense.
2. Were You Predisposed? If inducement is shown, the burden shifts to the prosecution. They must prove beyond a reasonable doubt that you were ready and willing to commit the crime before any involvement from law enforcement.
3. Should a Jury Decide? If the State cannot prove your predisposition, the court may dismiss the charges before a trial even begins.

Common Tactics Law Enforcement Might Use for Entrapment

Be aware of these common tactics that law enforcement in the Tampa Bay area might employ to induce individuals:

• Emotional Manipulation: Appealing to sympathy, faking romantic interest, or fabricating illnesses.
• Promises of Gain: Offering significant financial rewards or protection in exchange for committing a crime.
• Threats or Coercion: Using intimidation or force to compel action.
• Unmonitored Conversations: Instructing informants to have conversations off-record to avoid official documentation of inducement.

Why You Need a Skilled Tampa Criminal Defense Attorney for Entrapment Cases

If you’re facing criminal charges in Tampa, St. Petersburg, or anywhere in Hillsborough County and believe entrapment was a factor, you need a seasoned Tampa criminal defense attorney. An experienced lawyer can meticulously analyze the facts of your case, scrutinize law enforcement’s conduct, and build a powerful defense.

At Brancato Law Firm, P.A., Attorney Rocky Brancato brings invaluable experience, having formerly served as the second-in-command of the largest criminal defense firm in Tampa Bay. He possesses the deep knowledge and courtroom skill to identify and challenge improper police tactics and effectively argue entrapment.

Contact Your Tampa Entrapment Defense Lawyer Today – Free Consultation

Don’t let unfair law enforcement tactics jeopardize your future. If you or a loved one in the Tampa Bay area, including St. Petersburg and Clearwater, needs a strong defense against criminal charges possibly involving entrapment, contact Brancato Law Firm, P.A., immediately.

We offer a free, confidential consultation to discuss your case and explore your legal options. Let us fight for your rights and work towards achieving justice for you.

Call Brancato Law Firm, P.A. now at 813-727-7159 to schedule your free consultation.