Entrapment

The purpose behind the entrapment defense is that a person shouldn't be punished for an action that was caused by the government. The problem is that Minnesota makes the entrapment defense very difficult. In Minnesota you must demonstrate the conduct was initiated by law enforcement and that the defendant had no "prior disposition" to commit the crime. The first element, of law enforcement initiation is usually very easy. The police routinely use decoys doing controlled buys to try and gather evidence to prosecute someone. However, the second element of "prior disposition" is construed liberally in favor of the State. The State can demonstrate "prior disposition" through (1) prior criminal convictions; (2) prior criminal activity that did not result in conviction; (3) the defendant's reputation; or (4) other factors that go toward prior disposition. The smorgasbord of choices for the government to prove prior disposition makes the entrapment defense a very difficult defense to use. However, if you have an extremely clean record, the defense may be available to you. 

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Each case is different and requires a close analysis of the facts. If you are being charged with a drug crime, you likely do not want a DWI lawyer. You want somebody who focuses on defending drug crimes to craft the best defense for your drug case. Call Subzero Criminal Defense today. 651-248-5142.