Entrapment in Westchester County, NY
Using Entrapment as a Defense to Your Criminal Charge
Do you feel the Police "set you up" for an arrest? Was there
an undercover officer involved in your arrest or possibly a confidential
Westchester County criminal defense lawyers, we are always aggressively defending our clients and exploring every
possible defense. We appear in all the courts of Westchester County and
surrounding counties such as the Bronx, Putnam, Dutchess, Rockland and
Orange Counties. Contact us today for a free consultation.
What is Entrapment?
Entrapment is a criminal defense in New York used by criminal defense attorneys
usually at trial or during plea bargain negotiations. The defense of entrapment
is established where the defendant engaged in criminal conduct after being
induced or encouraged to do so by law enforcement who was trying to obtain
evidence against that defendant. This is most common in drug cases both
possession and sale of a controlled substance.
The methods used by law enforcement must have been such as to create a
substantial risk that the crime would have been committed by a person
NOT otherwise disposed to commit the crime. Pursuant to New York Penal
Law § 40.05 inducement or encouragement to commit the crime means
"active inducement or encouragement."
Westchester County Defense Lawyers Can Fight for You
In order to prove entrapment the burden of proof is on the defendant and
pursuant to the Penal Law § 40.05 this must be shown by a preponderance
of the evidence. Some relevant factors to prove entrapment include:
- State of the defendant's mind
- Police conduct
Our criminal defense attorneys are experienced and will aggressively protect
your rights. With offices in Peekskill & White Plains, our lawyers
are available for a
free consultation and always provide an honest and straightforward assessment of your case.
Riebling, Proto & Sachs our attorneys are former Assistant District Attorneys in Westchester County
and Manhattan and have significant experience formally prosecuting and
now defending criminal cases.
Schedule Your Free Initial Consultation by Calling
If you or a loved one is charged with a crime we are here to protect your
rights and help you through this difficult time.
Contact us online or by telephone at (914) 840-5104 to speak with one of our experienced
criminal defense lawyers.