Being arrested for a crime you were manipulated into committing is a uniquely devastating experience — one where law enforcement itself becomes the reason charges exist at all. When police or their agents cross the line from catching criminals to creating them, the legal system provides a powerful remedy: the entrapment defense. Understanding how this defense works under Florida law could be the key to protecting your rights and your future.
At The Wiseman Law Firm, Attorney Simon Wiseman brings more than 25 years of trial-tested criminal defense experience to every case we take on. As a former prosecutor in Orange County who has tried over a hundred jury and non-jury trials, Attorney Wiseman understands how the State of Florida builds its cases and knows precisely where and how those cases can be challenged. If you believe you were induced into committing a crime by law enforcement, we are prepared to fight for you.
Entrapment Under Florida Law
Entrapment Under Florida LawFlorida recognizes entrapment as both a statutory and constitutional defense to criminal charges. Under Florida Statute §777.201, entrapment occurs when a law enforcement officer, or someone cooperating with or acting as an agent of law enforcement, induces another person to commit a crime using methods of persuasion that create a substantial risk the crime will be committed by someone who would not otherwise be ready to do so. This is not a minor procedural argument — it is a full defense that, when proven, results in acquittal.
The entrapment defense applies across a wide range of criminal cases, from drug trafficking charges to fraud schemes set up through undercover informants. What matters is not the type of offense, but whether law enforcement’s conduct crossed the line from legitimate investigation to unlawful inducement.
The Two Types of Entrapment Recognized in Florida
Florida law provides two distinct paths for raising an entrapment defense, and the right approach depends on the specific facts of your case.
Subjective Entrapment
Subjective entrapment is the more commonly raised form of this defense. It focuses on the defendant’s state of mind and asks whether the person was predisposed to commit the crime before law enforcement became involved. The following are the core elements a defendant must demonstrate to raise this defense successfully:
- Government involvement: A sworn officer, confidential informant, or law enforcement agent induced the defendant to commit the alleged offense.
- Lack of predisposition: The defendant was not ready, willing, or waiting for an opportunity to commit the crime independently of law enforcement’s encouragement.
- Causal connection: The defendant’s criminal conduct was a direct result of the government-initiated inducement.
Once the defendant presents some evidence of entrapment, the burden shifts entirely to the prosecution, who must then prove beyond a reasonable doubt that the defendant was predisposed to commit the crime before any law enforcement contact occurred.
Objective Entrapment
Objective entrapment operates differently and focuses solely on whether law enforcement’s conduct was so egregious that it violated the due process protections of the Florida Constitution. Courts will consider the totality of the circumstances to determine whether police behavior offends fundamental standards of decency and fairness. When objective entrapment is established, the remedy is not just an acquittal — it is a full dismissal of all charges as a matter of law.
Common Situations Where Entrapment Arises
Entrapment claims most frequently arise in sting operations and undercover investigations. Reverse drug sting operations, in which an undercover officer or informant lures a target into accepting a drug transaction that the target had no prior intent to pursue, are among the most common scenarios. Online investigations in which law enforcement initiates contact and aggressively steers the conversation also regularly raise entrapment questions. Cases involving illegal search and seizure often intersect with entrapment claims, as both involve examining how law enforcement gathered evidence and whether constitutional boundaries were respected.
It is important to understand what entrapment is not. If an undercover officer simply provided an opportunity for someone who was already willing to commit a crime, that is not entrapment. Courts distinguish between catching people who are predisposed to break the law and manufacturing criminal conduct in people who never intended to do anything wrong.
Why the Entrapment Defense Requires Strategic Handling
Raising an entrapment defense carries real risks that must be carefully weighed. When a defendant claims entrapment, they are generally conceding the criminal act occurred — the argument is that it should be excused due to government misconduct. This means other defenses, such as alibi or mistaken identity, are typically no longer available. Because asserting entrapment also opens the door for the prosecution to introduce prior criminal history as evidence of predisposition, this defense requires a thorough review of the defendant’s background and a deliberate, strategic approach.
Felony charges carry particularly severe consequences, which makes the stakes of this decision even higher. Every aspect of how entrapment is raised, whether through a pretrial motion to dismiss or argued directly to a jury, must be carefully evaluated by an attorney who has seen how prosecutors respond to these defenses firsthand.
Contact The Wiseman Law Firm for a Strong Criminal Defense
When law enforcement plants the seed of a crime and then arrests you for it, the entire premise of the prosecution is built on a foundation that Florida law refuses to accept. Attorney Simon Wiseman has spent more than two decades defending Floridians against exactly these kinds of charges, and his background as a former prosecutor gives him an inside view of how these cases are argued and how to dismantle them. The Wiseman Law Firm is available 24 hours a day and is well known for aggressive, detail-oriented representation that gets results.
If you believe entrapment played a role in your arrest, do not wait to take action. Contact us today to discuss your case and explore your defense options with a lawyer who has tried over a hundred jury trials in Florida.