Entrapment: Defending Against Unlawful Coercion in Nevada Criminal Cases

Entrapment is a powerful defense in criminal law that protects individuals from being unfairly coerced or manipulated into committing crimes they would not have otherwise committed. When law enforcement officers overstep their bounds and use aggressive tactics to persuade or pressure someone into breaking the law, the entrapment defense can be invoked to challenge the legality of the charges. In Nevada, as in other states, entrapment occurs when police officers create a scenario in which an ordinary, law-abiding person is induced to commit a crime they were not predisposed to commit.

At Hofland & Tomsheck, experienced criminal defense attorney Josh Tomsheck has successfully represented clients facing serious criminal charges where entrapment was a key factor. If you have been charged with a crime in which police tactics involved coercion, threats, or manipulation, you may have grounds for an entrapment defense. Understanding how this defense works can be the key to getting your charges reduced or even dismissed.

What Is Entrapment?

Entrapment occurs when law enforcement officers or government agents induce a person to commit a crime that they otherwise would not have committed. In other words, entrapment arises when the criminal conduct results not from the person’s own predisposition to commit the offense but from the improper or excessive actions of law enforcement. The defense of entrapment can be used to shield individuals from criminal liability if it can be shown that they were harassed, coerced, or tricked into committing the offense.

To successfully argue entrapment in Nevada, a defense attorney must demonstrate two key elements:

1. Government Inducement: The crime was initiated by government officers, such as police, undercover detectives, or informants working on behalf of the government. In entrapment cases, law enforcement typically takes an active role in creating the circumstances that lead to the crime. They may use undercover stings, fake scenarios, or dishonest tactics to induce a suspect into breaking the law.
2. Lack of Predisposition: The defendant must show that they were not predisposed to commit the crime. Predisposition refers to whether the individual had the inclination or readiness to commit the offense before the government agents became involved. If the person would not have committed the crime without the involvement of law enforcement, then they can argue that they were entrapped.

Entrapment often arises in cases where undercover operations or “sting” operations are used by police to apprehend suspects. These can include situations involving prostitution stings, drug sales, theft rings, or other undercover setups.

Common Examples of Entrapment in Nevada

Entrapment typically occurs in situations where police officers or government agents use deceptive or overbearing tactics to induce someone into committing a crime. Some common scenarios in Nevada where the entrapment defense may apply include:

• Prostitution Stings: In a prostitution sting, an undercover officer may pose as a sex worker and try to lure someone into soliciting their services. If the police use undue pressure, such as repeated enticement or aggressive tactics, to get the individual to solicit the sex worker, it may be considered entrapment.
• Drug Sale Setups: Police may pretend to be drug buyers or sellers and encourage someone to participate in a drug transaction. If the individual was not inclined to sell or purchase drugs but was coerced into doing so by law enforcement, this could be a case of entrapment.
• Theft or Robbery Stings: In some cases, law enforcement may set up a fake robbery or theft scenario, such as leaving a car with keys inside or a “bait purse” sting, hoping to catch someone attempting to steal the vehicle. If the person had no intent to steal before being enticed by the setup, an entrapment defense could apply.
• Buying Stolen Property: An undercover officer may try to sell stolen goods to an unsuspecting individual. If the person was not actively looking to buy stolen property but was lured into doing so by police, this could be considered entrapment.

In each of these cases, if law enforcement oversteps by using unfair tactics to induce someone to commit a crime, the defense of entrapment could apply, and a skilled defense attorney may be able to challenge the charges.

How Entrapment Works in Nevada Law

Under Nevada law, entrapment is a recognized defense that can lead to the dismissal of charges if successfully proven. The legal standard for entrapment is outlined in Nevada Revised Statutes (NRS), and it requires showing that the government initiated the criminal activity and that the defendant was not predisposed to commit the offense.

In practice, the entrapment defense hinges on the actions of law enforcement and the intent of the accused. For example, if an undercover officer merely provides an opportunity to commit a crime, such as offering drugs for sale, that alone is not enough to establish entrapment. However, if the officer pressures, coerces, or entices the individual to commit the crime—especially if the person would not have otherwise committed the offense—then the defense of entrapment may apply.

To assert entrapment, the defense must present evidence that demonstrates the following:

• The criminal conduct was the result of government actions, not the defendant’s own free will.
• The defendant lacked the predisposition to commit the crime before the government’s inducement.
• The government used overbearing tactics, threats, coercion, or deception to induce the criminal act.

If the defense can successfully establish these points, the charges against the defendant may be reduced or dismissed entirely.

Entrapment vs. Legal Undercover Operations

It is important to note that not every undercover sting operation conducted by law enforcement constitutes entrapment. The key difference between a legal undercover operation and entrapment lies in the defendant’s predisposition to commit the crime.

In many undercover cases, police officers simply provide an opportunity for a crime to take place, such as offering to sell drugs or participating in a fake transaction. In these instances, if the defendant was already willing and predisposed to commit the crime, the entrapment defense may not apply.

However, when law enforcement goes beyond merely providing an opportunity and actively coerces or pressures the defendant into committing the offense, that crosses the line into entrapment.

Why You Need an Experienced Las Vegas Entrapment Defense Attorney

Defending against entrapment requires a skilled attorney who understands the nuances of this complex legal defense. At Hofland & Tomsheck, Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has the experience and expertise to build a strong entrapment defense on your behalf. Josh will meticulously review the circumstances of your case, examining whether law enforcement overstepped its boundaries and induced you to commit a crime.

By challenging the tactics used by law enforcement and demonstrating that you were not predisposed to commit the crime, Josh Tomsheck can work to have your charges reduced or dismissed.

Contact Josh Tomsheck at Hofland & Tomsheck Today

If you believe you have been the victim of entrapment in Las Vegas or anywhere in Nevada, it is crucial to speak with an experienced criminal defense attorney right away. Josh Tomsheck has successfully defended clients in complex criminal cases, including those involving entrapment, and he can help protect your rights and build a strong defense.

Contact Hofland & Tomsheck today to schedule a free consultation and discuss the details of your case. Don’t let aggressive law enforcement tactics lead to an unjust conviction—let us fight for your rights and secure the best possible outcome for your case.