The Drug War Goes Too Far in Sarasota County, Florida
For the second time in less than a month serious drug charges in Sarasota County were dismissed because the Defendants were entrapped. One Defendant was facing a mandatory minimum prison sentence. The Informant used by the Police was paid in cash and would have their charges dropped if he or she would help arrest others selling illegal drugs. In this case, the Informant used by the Police promised a romantic relationship in order to get the Defendant to sell some of her Vicodin Pills. Eventually, the Defendant agreed and that is when the Police moved in.
Entrapment is a defense to most crimes. However, with the Entrapment defense the Defendant has the burden of proving it. Once the Defendant provides evidence that they were not predisposed to commit the crime without the enticement of the government action the burden then shifts to the Government to prove the Defendant was willing to commit the crime if the opportunity presented itself.
Many times the police employ informants. Informants are those looking to gain a benefit from the government. The benefit could be in the form of a lesser sentence or it could result in charges being dismissed. The Government can negotiate with confidential informants under a doctrine called substantial assistance. Substantial Assistance is one of the only ways that a Defendant can avoid a mandatory prison sentence. The problems arise when the Informants act with unfettered discretion using unlawful tactics to entice law-abiding citizens to act in an unlawful manner.
If you are facing criminal charges for the sale of illegal narcotics please do not hesitate to visit our Florida drug defense website.
The war on drugs continues to this day and the penalties for selling illegal narcotics are stricter then even some types of murder. It is imperative that you speak with a qualified criminal defense attorney if you are charged with a drug crime. You can ask for Darren Finebloom