Q and A with Attorney Carlos Gamino - Part 5by Attorney Carlos Gamino on 07/15/14
This post is the fifth in a series of eight that features a question-and-answer session with Attorney Carlos A. Gamiño. As a criminal defense attorney in the Milwaukee and Waukesha areas, Carlos enjoys helping people solve legal problems.
Q: What is entrapment?
Attorney Carlos A. Gamiño: Entrapment is when someone in law enforcement tricks you or convinces you to commit a crime that you wouldn’t ordinarily commit under normal circumstances. For example, if a law enforcement professional guarantees you that something isn’t illegal when it really is, or when he or she claims you won’t be caught, you could be a victim of entrapment.
Q: How do you deal with entrapment cases?
Attorney Carlos A. Gamiño: Generally, we focus on the law enforcement professional’s actions. Did he or she lie to the defendant? Was there a promise of some sort of benefit?
We’ll also focus on our defendant. If he or she is an ordinary, law-abiding citizen, it’s unlikely that any crime would’ve been committed without the law enforcement professional’s urging.
Q: Can entrapment only occur if someone knows they’re dealing with a law enforcement official?
Attorney Carlos A. Gamiño: No, not necessarily. You don’t have to know you’re dealing with an officer of the law in order to claim an entrapment defense.
What it really boils down to is that it’s not fair for a person in law enforcement to convince you to commit a crime. No matter what tactics they use, it’s against the law. If you wouldn’t have committed the crime under normal circumstances, but you were pressured by police or investigators to do so (through bullying, promises or outright threats), you may be able to claim entrapment. It’s up to us, as Milwaukee criminal defense lawyers, to prove that you were convinced to commit the crime.
Our next Q & A with Attorney Carlos A. Gamiño talks about common driving offenses, including DUI/OWI and driving on a suspended license.