How to Defend Yourself Against Entrapment

toa-heftiba-578093-unsplash-copy-200x300A Chicago woman was arrested at a Plainfield massage parlor, where she was an employee, for offering to perform sex acts on undercover police officers for money.

47-year-old Yinyan Gao was employed by Plainfield Massage. The Will County Cooperative Police Assistance Team investigated the business after being informed of several customer complaints stating Gao allegedly propositioned them inappropriately when the customers came in for massages.

Numerous undercover police officers visited the business to receive a massage from Gao. During the sessions, Gao allegedly propositioned the officers and gave them the impression she would perform sex acts for money.

When Gao suggested a price, the offers declined and left the parlor.

On December 12, she was arrested and charged with the solicitation of a sexual act.

If you are charged with solicitation or a related offense, a prostitution defense attorney in Chicago can assist you in avoiding jail time, fines, and a conviction.

How to Defend Yourself Against Entrapment

Occasionally, an individual will be charged with a crime that stems from police “encouragement,” which can involve a confidential informant or undercover officer having an interaction with the criminal defendant during the commission of the crime.

In this situation, when the defendant realizes the circumstances related to his or her arrest, there is often a question of the legality in the conduct of the police. Fortunately, certain laws in Illinois provide clarity on this issue.

In Illinois, the law allows a defense that claims entrapment. The defense was created as a means to provide some protection against the reprehensible and aggressive methods used by law enforcement.

720 ILCS 5/7-12 addresses entrapment and notes that an individual is not guilty of a crime if his or her behavior is induced or incited by the police or an agent of the police for the purpose of obtaining evidence against that individual.

Be aware that this defense strategy does not apply to those who are predisposed to commit the crime. In such situations, law enforcement simply gave the criminal defendant the ability or opportunity to commit the offense they were originally going to commit in the first place.

It is up to the defendant or their counsel to raise their defense to the charges of entrapment to a level high enough that the charges will be dismissed in court.

They do so by admitting the crime was committed, but only because members of law enforcement induced or enticed them into behaving illegally. It may be suggested by prosecuting attorneys that any defense of entrapment is irrelevant because of the defendant’s inclination to commit the illegal act with or without the encouragement of authorities.

This inclination by the defendant can be established by introducing evidence such as:

  • The defendant’s eagerness to accept the solicitation
  • Any related previous convictions
  • Admissions that were made by the defendant
  • Blemishes in the defendant’s reputation

Prostitution Defense Attorney in Chicago

Facing charges of prostitution or the solicitation of a prostitute can have long-term negative consequence on every part of your life. You may cause irreparable damage to your reputation, your personal relationships, and your career.

If you have been arrested for prostitution offenses in the Chicagoland area, you need an aggressive defense attorney like David L. Freidberg to fight your charges in court.

Our office is available 24 hours a day. Schedule a free consultation or call (312) 560-7100 today to learn how we can help you.

(image courtesy of Toa Heftiba)