Challenge the Prosecution’s Case: Entrapment and Illegally Gathered Evidence

Challenge the Prosecution's Case: Entrapment and Illegally Gathered Evidence

Mounting a strong defense includes challenging the prosecution’s case. If the state has illegally gathered evidence, we may be able to leverage that to have the charges dropped, the case dismissed, or the charges significantly reduced.

When we build our client’s defense case, we analyze and evaluate each detail of her specific case. We look for ways to show our client is not guilty of the crime in which she has been accused. We also diligently review the file, facts, and evidence, searching for deficiencies in the prosecution’s case. Our lead attorney, Ashley D. Adams is a former fraud prosecutor with the U.S. Attorney’s Office. As such, she has insider experiences allowing her to recognize deficiencies or errors in the state’s case.

Entrapment

Entrapment is an affirmative defense to a criminal charge. Under Arizona entrapment law, a person asserting this defense must prove, by clear and convincing evidence, that:

  1. The idea of committing the offense started with law enforcement officers or their agents rather than with the person.
  2. The law enforcement officers or their agents urged and induced the person to commit the offense.
  3. The person was not predisposed to commit the type of offense charged before the law enforcement officers or their agents urged and induced the person to commit the offense. R.S. § 13-206.

In Arizona, the statue requires that the defendant admit the substantial elements of the crime before raising an entrapment defense. Essentially, to assert the entrapment defense one must confess, or give self-incriminating evidence.

In cases where the entrapment defense is appropriate and likely to achieve a favorable outcome, we advocate for our clients and protect their rights through the process of asserting entrapment.

Illegally Gathered Evidence

Law enforcement officers have a duty to follow the law and certain procedures when gathering evidence. Illegally gathered evidence may include evidence gathered in an illegal search and seizure or gathered without obtaining the proper warrants.

Evidence that was illegally obtained can often be suppressed, and would not be allowed at trial. A ruling excluding state’s evidence can seriously damage the prosecution’s case, and creates leverage to have the charges dropped, the case dismissed, or the charges significantly reduced.

There is no white collar criminal case that is too complex or too challenging for us. No matter how difficult your case may appear, contact us for the legal protection you need.

Contact our Arizona fraud and criminal defense attorneys on the web or call (480) 219-1366 for a consultation. There is no substitute for the type of experience and diligent legal representation that a high-quality attorney can provide.

We practice excellence, one client at a time.

 

Our firm handles state criminal cases throughout Arizona including the cities of Phoenix, Scottsdale, Glendale, Mesa, Tempe, Ahwatukee, Maricopa, Gilbert, Peoria, Surprise, Goodyear, Litchfield Park, Avondale, Chandler, Casa Grande, Florence, Queen Creek, Deer Valley, North Pinal and Sun City as well as those living in and around Maricopa County, Pinal County, Pima County, Yuma County and Yavapai County.

We handle federal criminal cases throughout the United States, including Arizona, Oklahoma, Utah, and California.