Entrapment. You may have heard the word, but do you really know what it means? More importantly, did you know that if you are a criminal defendant and you can prove entrapment, you may be able to be acquitted of the crime you were charged with?

The recent acquittal of a man  who was charged with kidnapping serves as an example of entrapment. A man who had no prior criminal background of any sort met with his neighbor to discuss the hiring of a hitman to kidnap a former business associate and forcing him to sign away his rights to his share of a business interest. That meeting led to Eskandar Molavi’s arrest and federal kidnapping charges.

That meeting also led to Molavi’s acquittal, which his defense team was able to obtain on the grounds of entrapment. Acquittals based on entrapment are relatively uncommon in any court, and they are rarer still in federal court. However, the circumstances surrounding Molavi’s arrest fit the criteria for a successful entrapment defense.

The man who met with Eskandar Molavi to discuss the hiring of a hitman associated with a Mexican drug cartel was a government informant. His job was to capture Molavi on tape stating that he was willing to hire the hit man. The informant did indeed do his job and obtain audio footage of that conversation. He also caught himself on tape going too far in his efforts to ensure that Molavi would say that he was willing to hire the hit man. The informant who met with Eskandar Molavi painted such a terrifying picture of the hitman that Molavi felt as if he could not say “no” to hiring him, as that could create a risk to his own life.

It is one thing to capture evidence of the words of a person who has already formulated a criminal plot and is expressing their willingness to go through with it. It is another thing entirely to entice someone to think about committing a crime and then pressure them into expressing a willingness to pursue the criminal course of action. Entrapment defenses are difficult for defense attorneys to succeed with because the attorneys for the defendant must prove both of the elements of entrapment: a lack of predisposition to commit the crime and that the government agents convinced the defendant to do it. In Molavi’s case, however, a secret recording on his phone captured the conversation between himself and the informant, providing the vital evidence that the jury needed to hear to conclude that both of those elements were proven.

Entrapment is just one of the many defense strategies that a skilled Texas criminal law attorney can pursue on behalf of the defendants in whose cases it is relevant. The unique facts and circumstances of your Texas criminal case will shape the defense strategy that your Texas Criminal Defense Attorney will use to pursue the best possible outcome in your case. If you are charged with a crime in Texas, it is critical that you take immediate action to protect your rights. Please call us today,  at (903) 753-7499, or fill out a contact form on our website.