Legal Question in Criminal Law in Virginia

Would a Police Entrapment Defense be plausible if:

Defendant was approached (phone call) by a seller independently (undercover detective);

Asked by seller to first meet in person (face-to-face at bar);

Be told the exact details of a potential transaction ($10,000 + credit with Seller/12 ounces MDMA) by the seller;

-Transaction was structured (at the time of the meeting) so the buyer would be contacted twice (phone call) at a later date (5-7 days) from seller, each call spaced a week apart. Seller stipulating that the opportunity would not be offered again if Buyer was unable/unwilling to make purchase from seller.

Buyer declined purchase when first called;

Buyer declined purchase when called a second time, Seller alters terms to encourage transaction ($4,000 + 1lb Marijuana + credit with Seller/12 ounces MDMA);

Buyer accepts, agrees to original transaction ($10,000 + credit/12 ounces MDMA);

Upon completion of transaction, local police vice department swoops in arresting buyer and two concerned associates of buyer. Police effectively intimidate buyer to relinquish Miranda rights by asserting the seller (undercover detective "arrested" at same time) was taken by DEA and federal authorities and cooperation was necessary to avoid federal charges.

Three vehicles were seized (civil asset forfeiture) in the process. Buyer hasn't received charges for transaction as of yet (cooperating), other two individuals received CONSPIRACY - MANUF/ETC CONTROLLED SUBSTANCE Class U Felonies and another misdemeanor.

All of this took place near Richmond, Virginia. Would appreciate any perspective, thanks!


Asked on 5/08/12, 3:50 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

All those who are possibly involved as defendants (whether officially charged or not) in the scenario as described should retain the services of experienced criminal defense counsel ASAP to represent them and scrupulously adhere to the advice of such counsel.

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Answered on 5/09/12, 7:57 am


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