Entrapment and Oklahoma Drug-Related Crimes: What You Should Know

Depending on the facts, a defendant charged with drug crimes in Oklahoma may use the affirmative defense of entrapment in court. You may have some understanding of entrapment from popular culture, but the legal definition of this defense is not the same as the cultural understanding. In court, entrapment has 2 specific requirements:

• The defendant has no previous intent or purpose to violate the law, and
• The defendant is induced or persuaded by law enforcement officers to commit a crime.

Oklahoma Uniform Jury Instructions, OUJI-CR 8-25. Each requirement raises an important and sometimes difficult to prove issue. First, defendants who are ready and willing to commit a particular crime before being persuaded to do so are not entitled to the entrapment defense. To evaluate whether the defendant had no intent or instead was ready and willing, the defense will present evidence showing the defendant was not predisposed to commit the crime. The prosecution will seek to introduce evidence of the defendant’s prior criminal history to show he was ready and willing.

Second, being induced or persuaded by the police is different than the police merely providing an opportunity to commit a crime. If someone is already willing to break the law, he cannot claim entrapment just because the police give him a favorable opening to accomplish the crime. If, however, he had no intention of breaking the law, but the police persuaded him that he had to commit the crime, he can claim entrapment. The Oklahoma Uniform Jury Instructions calls this the government seducing an innocent person. OUJI-CR 8-25.

Police may entrap a defendant into committing a more serious offense than he had intended. In this case, the defendant had the intent to commit a certain crime but no intent to commit the more serious crime, and he was persuaded by the police to commit the more serious one. Oklahoma calls this “sentencing entrapment”. Leech v. State, 2003 OK CR 4, 66 P.3d 987.

In the context of drug crimes, entrapment can occur if an undercover police officer gets involved in the sale or distribution of drugs. Police officers may ask to buy drugs from people they suspect of criminal activity, but who in fact have never bought or sold drugs in the past. If police actually offer real drugs for sale, entrapment may apply as well.

Whether you can use the entrapment defense depends on the facts of your case. Lawyers review previous court decisions and statutes to determine if they apply. They also may do further investigation by interviewing witnesses, researching the law enforcement officers involved in your case, and more. You should consult an attorney if you believe you have an entrapment issue.

Have you been charged with drug crimes in Oklahoma and don’t know where to turn? Seek out the attorney who knows the system. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and knowledge of drug and DUI testing science to defend Oklahomans, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.