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A successful entrapment defense focuses on establishing unethical police tactics that coerce otherwise law-abiding citizens to break the law.
The team of internet crimes defense lawyers at Grabel & Associates is well versed on the legal complexities of entrapment and how to best use a successful entrapment defense on a client's behalf to secure a dismissal.
In other cases, law enforcement agencies entice individuals to download or share inappropriate images over the Internet or on cell phones.
Any individual who visits an Internet chat room or social networking site, or downloads and/or shares images with others should be mindful that all Internet conversations are potential evidence of criminal conduct, even seemingly innocent ones.
"It raises a lot of questions about whether this is criminal behavior,” Cohen said.
A good rule of thumb is if you are in an Internet chat room or social networking site, do not send any images or engage in any questionable conversations unless you have personal knowledge of the other individual's identity and that they are at least 18 years of age.
Morris Fodeman, a former federal prosecutor in Brooklyn, said it’s a federal crime “to knowingly send obscene material through the mail or over the internet to a minor under the age of 16 years of age.” Anthony Weiner allegedly sexted with 15-year-old girl “There has been much debate in the courts over the years about what constitutes ‘obscene,’ but certainly if the description of these chats is accurate and he knew the person he was chatting with was under 16, there may be criminal exposure here for Mr. Criminal and matrimonial lawyers said they expect police and the city Administration for Children’s Services to be more aggressive now that Weiner may be interacting with a minor.
ACS started investigating Weiner last month after another of his sexting partners shared a picture he sent her of him aroused in his underwear as his young son slept next to him.
When law enforcement crosses the line, the legal defense of entrapment can provide the accused the legal means to fight back and beat the charges.
In Michigan, entrapment occurs when the police engage in impermissible conduct that would induce a law-abiding individual under similar circumstances to commit the crime, or the police engage in conduct so reprehensible that it cannot be tolerated by the court.