The Entrapment Defense

Aggressively Defending Federal Offenses in Brunswick, Georgia

Being charged with a federal offense in Georgia does not mean that you are guilty or that you do not have a legal defense.

While each defense is different, there are several common Federal defenses, which, depending upon the circumstances, may apply to the facts of your case.

Common defenses include:

  • Entrapment
  • Entrapment by Estoppel
  • Good faith Defense
  • Necessity
  • Not guilty by reason of insanity
  • Duress
  • Reliance upon the advice of counsel


Since 1932, the United States Supreme Court has recognized the defense of entrapment.

An entrapment defense may be asserted when the government causes or induces an otherwise innocent person to commit a crime.

In order to establish an entrapment defense, you must establish that:

  • the government (usually the police or someone working for the police) induced you to commit the crime; and
  • that you were not “predisposed” to commit the crime.

Establishing the Entrapment Defense:

If you are claiming the entrapment defense, you have the initial burden of proving some form of evidence and lack of predisposition.

Assuming that you are able to prove that you were not predisposed to commit the crime, the government must prove, beyond a reasonable doubt, that you committed the crime because you were predisposed to commit the crime.

Entrapment is generally a question for the jury to decide and the Judge should charge the jury on the law of entrapment if there is sufficient evidence from which a reasonable jury could find entrapment.

Entrapment by Estoppel

The entrapment by estoppels defense alleges that a government official (usually an undercover police officer) told you that certain conduct was legal.  You then committed what would otherwise be considered a crime in reasonable reliance upon this representation.

Depending on which federal circuit your case is called in, the circuits differ with regard to what must be proven to establish entrapment by estoppels.

In addition, while the defense focuses primarily on the actions of the government officials, the reliance by the defendant must be reasonable.

Located in Southeast Georgia and in South Carolina, the Strom Law Firm, has the experience and background necessary to provide aggressive legal representation that can help you avoid or minimize jail time and other criminal penalties.  Contact us today for a free consultation to discuss the facts of your case.  We offer flexible payment options and accept Visa and MasterCard.