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Entrapment defense?

Santa Ana, CA |

Hi I have a cocaine sales conviction from 1989 and I tried to have it vacated but the motion was denied.
I'm an illegal alien and I need to have it vacated for immigration reasons. My attorney says I have an entrapment defense and has given me the option to appeal. However I was reading on entrapment defense and according to what I read, if the police use a private person to set anyone up there is no option for an entrapment defense.In other words the police have to deal with someone directly for a person to have an entrapment defense.

please advise.

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Attorney answers 5


The answer is maybe. It depends if the court believes the third party was acting as an agent of the police and at their direction, if so, it is possible you may be able to raise an entrapment defense. You will also have to deal with the lapse in time between your conviction and your request for relief.


I agree with the previous answer but would add that it is water under the bridge since your motion was set aside. Unfortunately, this is something that should have been evaluated before you entered your plea. Entrapment is a very hard defense to prove, however.


Entrapment is a complex defense to analyze and to prove. I'm more concerned with the passage of time--it will be very difficult undo what has already transpired. In fact, that it probably a bigger challenge than the entrapment defense at this point.


Appealing a 1989 conviction us going be be way tough.

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


There is no such thing as "vacating" a conviction. If you truly have strong new evidence, you might be able to get the conviction overturned and a new trial. If you are acquitted at your new trial, you will have no criminal conviction. But, as the other attorneys on this thread have indicated, getting a new trial on such an old conviction will be very difficult. It will require showing very strong new evidence that you had no way of bring to light at any earlier time. Since you say the motion was denied, it sounds like you do not have this.

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.