Legal Question in Criminal Law in Florida

Is it considered entrapment if a law officer deliberately misinforms you of a law making it appear as though you are within the legal limits even though the information they feed you is false. I know it is up to each individual to research and know the law... but when they deliberately misinform you and persuade you to believe otherwise is that legal?

Asked on 11/16/11, 9:59 pm

1 Answer from Attorneys

christian denmon Denmon & Denmon Trial Lawyers

I don't know the facts of your case, but here is some general statements regarding the law:

The cops can misinform you all they want. And mistake as to the law is not a defense.

Entrapment is an "affirmative defense" to a criminal charge. (Think, "yeah, I did it, but I was entrapped, so I am not guilty). A three part test applies: First, there is a burden on the criminal defense attorney to show that more likely than not a governmental agent, like the police, induced the crime. Secondly, if the criminal attorney meets that burden, then the defendant must produce some evidence that he or she was not predisposed to commit the crime. If the criminal defense attorney meets the first two parts of the test, then the burden shifts back to the State to prove beyond a reasonable doubt that the defendant was predisposed to commit the crime charged, both prior to an independent of the governmental acts.

A Clearwater Criminal Attorney

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Answered on 11/17/11, 6:26 am

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