Criminal Defense Lawyers - Lynnwood, WA

There is much confusion among the public in Washington State about what constitutes police “entrapment”. Entrapment occurs when police, or their agents, lure or induce a person to commit a crime which the person had not otherwise intended to commit. RCW 9A.16.070 (1)(b). And where the crime originated in the mind of the police or their agents instead of in the person’s own mind. RCW 9A.16.070 (1)(a).

Entrapment is a defense to a criminal charge if the person establishes at trial, by a preponderance of the evidence, that 1) the crime originated in the mind of police, or their agents, and 2) the person was lured to commit a crime which he / she had not otherwise intended to commit. RCW 9A16.070 (a)(2).

Entrapment does not occur when police or their agents merely afford a person an opportunity to commit a crime. RCW 9A.16.070 (2). Examples: 1) An undercover police agent simply offering to sell you stolen property at a very low cost. 2) An unmarked police car shows up at a place where local teenagers race their cars and then arrests some of the racing drivers.

Lynnwood Criminal Defense Lawyer

Police entrapment occurs where a normally law abiding person is lured into committing a crime they would normally have not committed because of strong police pressure, harassment, threats, flattery or fraud. Example: 1) An undercover police agent approaches a minor with an already lit joint, holding it up to their face and offering it to them. When the minor takes the joint from the officer, the officer then immediately arrests him/her for possession of marijuana. 2) An unmarked police car modified to look like a hot-rod approaches a driver at an intersection and offers to race. After briefly racing together, the police officer then pulls over the driver and arrests him/her for racing.

Contact Lynnwood criminal defense lawyer Paul Hanson for more information.