What Is Entrapment and Can It Be a Valid Defense?

If you’ve been charged with a crime in Florida, one possible defense is that you were set up by law enforcement — that you were induced to commit an offense you wouldn’t have committed on your own. This is known as entrapment, and while it’s difficult to prove, it can be a powerful defense when properly argued.

At The Bonderud Law Firm, we evaluate every case to determine whether entrapment or other constitutional defenses apply. Here’s what you need to know about Florida’s entrapment laws.

What Is Entrapment?

Entrapment occurs when law enforcement officers or agents:

Induce or persuade someone to commit a crime they were not predisposed to commit.

There are two types of entrapment recognized in Florida:

1. Subjective Entrapment (federal standard):
   • Focuses on the defendant’s predisposition to commit the crime.
   • If the defendant was ready and willing to commit the offense before law enforcement’s involvement, this defense typically fails.
2. Objective Entrapment (Florida constitutional standard):
   • Focuses on police misconduct, regardless of the defendant’s predisposition.
   • Courts consider whether the government’s conduct was so outrageous that it violates due process.

Florida courts generally follow objective entrapment, which may provide broader protection than the federal standard.

Examples of Entrapment

✅ A confidential informant repeatedly pressures someone to sell drugs, even after they refuse — until they finally give in.
✅ An undercover officer offers to pay someone in financial distress to commit a crime they otherwise wouldn’t have considered.
✅ Police create a fake online profile and aggressively solicit illegal conduct over weeks before making an arrest.

Entrapment is not a valid defense if:

• The officer merely provided the opportunity
• The defendant was already planning the crime
• The defendant has a history of similar offenses

How Is Entrapment Proven in Court?

The defense must show:

1. Government inducement to commit the offense
2. Lack of predisposition or improper tactics (e.g., coercion, pressure, manipulation)

If evidence supports this, the court may dismiss the case before trial or the jury may consider it as a complete defense.

Entrapment and Sting Operations

Sting operations are legal — but they must follow constitutional limits. When police cross the line, entrapping an otherwise law-abiding citizen, the defense may succeed.

Set Up by Law Enforcement? Don’t Stay Silent.

Entrapment is a complex and highly fact-specific defense — and it must be raised early and strategically. At The Bonderud Law Firm, we fight to expose law enforcement misconduct and defend clients against unfair prosecutions.

Contact us today to schedule a consultation and discuss your defense options.