Entrapment as a Criminal Defense in Georgia: Drug Cases and Undercover Operations

Entrapment as a Criminal Defense in Georgia: Drug Cases and Undercover Operations

Law enforcement agencies in Georgia regularly use undercover officers and confidential informants to investigate drug crimes. When government agents go beyond passive investigation and actively induce an otherwise law-abiding person to commit a crime they would not have committed on their own, the defendant may raise the affirmative defense of entrapment. At J. Lee & Associates Law Group, we defend clients against drug charges and other crimes in Gwinnett County and throughout the Atlanta metro area, including cases involving undercover stings and confidential informants.

What Is Entrapment Under Georgia Law?

Georgia's entrapment defense is codified at O.C.G.A. § 16-3-25, which provides:

"A person is not guilty of a crime if, by entrapment, his conduct is induced or solicited by a government officer or employee, or agent of either, for the purpose of obtaining evidence to be used in prosecuting the person for commission of the crime. Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee, or with an agent of either, and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer."

The Two Elements of Entrapment

To establish entrapment under O.C.G.A. § 16-3-25, the defendant must show:

1. Government inducement: A government agent (police officer, detective, or confidential informant working at law enforcement's direction) actively encouraged or persuaded the defendant to commit the crime. Merely providing an opportunity to commit a crime is not inducement.
2. Lack of predisposition: The defendant was not predisposed to commit the crime before the government's contact. This is the most contested element: prosecutors will argue the defendant was ready and willing to commit the offense regardless of law enforcement involvement.

Common Entrapment Scenarios in Georgia Drug Cases

• Confidential informant pressure: A CI befriends the defendant, repeatedly asks them to obtain drugs, and the defendant eventually complies after multiple refusals
• Text message or phone campaigns: Undercover officers pose as drug buyers and repeatedly solicit the defendant before any transaction occurs
• Manufactured urgency: Law enforcement creates a false emergency or emotional appeal that pressures the defendant into acting
• Reverse stings: Officers pose as drug dealers, pressuring buyers into purchases through artificially low prices or persistent solicitation

How Prosecutors Attack the Entrapment Defense

When a defendant raises entrapment, the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant was predisposed to commit the crime. Prosecutors typically argue predisposition by showing:

• Prior drug convictions or arrests
• Quick agreement to the transaction without significant hesitation
• The defendant initiated or accelerated the criminal conduct
• The defendant's familiarity with prices, quantities, or drug market terminology suggesting prior experience

Georgia courts have recognized that predisposition must pre-exist government contact. Evidence of what the defendant did after government contact is less relevant to the predisposition inquiry. See Sherwood v. State, 267 Ga. 785 (1997).

The Outrageous Government Conduct Defense

Related to entrapment is the constitutional defense of outrageous government conduct. Even if entrapment is not technically proven, egregious law enforcement overreach may violate the defendant's Fifth Amendment due process rights and warrant dismissal. This defense is rare but available in extreme cases where government agents have essentially manufactured the entire criminal enterprise.

Contact J. Lee & Associates Law Group

If you believe you were set up by law enforcement or a confidential informant in Georgia, contact our criminal defense attorneys immediately. Building an entrapment defense requires careful analysis of all communications, agent conduct, and the timeline of government contact. Call (770) 609-9396 for a free consultation. Se habla español.