“What is the Michigan entrapment defense?”

The Entrapment Defense in Michigan: What You Need to Know

If you face criminal charges, you must understand what is happening and why. When police or law enforcement officers push someone into committing a crime, the charge should be dismissed.

When Law Enforcement Officers Create Crime, Defense Lawyers Must Fight to Protect Clients Who Have Been Manipulated

In criminal law, entrapment is when a law enforcement agent induces a person to commit a criminal offense that the person would not ordinarily commit. If police or law enforcement agents induce someone to commit a crime they were not predisposed to commit, they are innocent. Entrapment is a complete and total defense resulting in a dismissal or not guilty verdict. Few Michigan criminal defense lawyers have extensive experience and a track record of success with the Michigan entrapment defense.

The valid entrapment defense in federal and state court has two elements:

(1) government inducement of the crime, and

(2) the accused’s lack of predisposition to engage in the crime.

The rationale for entrapment is to deter law enforcement from inducing people who are not already considering committing a crime to engage in criminal activity. Some deception by the police is legal and acceptable under state and federal law. However, the police cannot entice a person to commit a crime they are not inclined to commit. If a person is planning or willing to commit a crime and the police merely provide the opportunity, that is not entrapment.

Michigan Defense Lawyer Defending Against Entrapment

Most states require a defendant to raise the defense of entrapment. Entrapment is not a constitutional defense; it is statutory and unavailable in all states. Michigan allows a defense lawyer to raise the issue of entrapment on a felony or misdemeanor. Studies show that judges and jurors are reluctant to entertain an entrapment defense. Successful lawyers employing the entrapment defense in Michigan know what it takes to present a compelling case and persuade a judge or jury to see that police use improper tactics to coerce or trick someone into committing a crime.

Factors for Considering a Michigan Entrapment Defense

• If law enforcement officers appealed to the defendant’s sympathy,
• If the defendant has committed similar offenses before,
• If there was a long delay between the investigation and the arrest,
• If inducements, such as cash rewards or free drugs, were offered and would make the commission of a crime highly tempting to a law-abiding citizen,
• If there were offers of excessive consideration or another enticement (for example, $100.00 for a single joint),
• If there was a guarantee that the acts alleged as crimes were not illegal,
• If there were any threats of arrest or removal of children as inducements for the individual to commit a crime,
• If there existed any government procedures that tended to escalate the criminal guilt of the defendant (typically increasing drug amounts over multiple drug deliveries),
• If the investigation was targeted to get evidence against a particular person,
• If there were threats against the person or those important to them as an inducement.

Did Police Push You Into a More Serious Crime?

If police pushed you beyond what you intended to do and into a more serious crime, you may have an entrapment defense. Michigan’s Supreme Court recently clarified that judges must examine whether officers improperly escalated an encounter from a lesser offense to a more serious crime, thereby incurring harsher penalties. Agreeing to commit one offense does not give the police unlimited freedom to steer you into another. The judge must consider whether police tactics would cause an otherwise law-abiding person in your circumstances to commit the charged offense. A defense can also succeed when officers use tactics so outrageous that a civilized society cannot tolerate them, even if those tactics did not cause the crime. Police can provide an opportunity to commit a crime, but improper pressure, manipulation, or escalation may justify dismissal of your charges.

Michigan Entrapment Defense vs. Federal Entrapment Defense

The Defense Team with DICKSTEIN & AMBERG, P.L.L.C. fights for clients in state and federal court daily. Like state law enforcement agencies, some federal agents are just as susceptible to the “ends justify the means” mentality. Federal judges and prosecutors are reluctant to find federal agents accountable for overreaching tactics, even when someone’s constitutional rights are violated. It takes a persuasive and influential defense lawyer to effectively utilize the entrapment defense at the United States District Court. The elements of entrapment are the same under Michigan and federal law. Common federal crimes where entrapment is used include the following:

• Drug crimes.
• Internet crimes.
• Child pornography.
• Solicitation of a minor.

Drug Delivery Charges, Child Sexual Abusive Activity, and Soliciting a Prostitute

Some rogue police officers and federal agents use questionable and sometimes illegal tactics. Entrapment is often used in:

• drug delivery felony cases,
• child sexually abusive activity, and
• solicitation of a prostitute.

Drug Delivery Charges Due to Michigan Entrapment

In drug cases, officers often push drug users to sell tiny quantities of controlled substances in exchange for a small amount of money to support their drug addiction. Most drug users are not predisposed to sell cocaine, meth, ecstasy, prescription meds, and other controlled substances; however, officers have perfected tactics for persuading users into engaging in small sales and, thus, felony delivery charges. In these cases, the defendant is not guilty and can use entrapment as a complete defense in Michigan.

Child Sexually Abusive Activity or Accosting a Child for Immoral Purposes

Police stings involving officers posing online as minors are often used by federal and state law enforcement agencies. Because crimes against “children” are so offensive, law enforcement officers can easily fall into the “ends justify the means” mentality. For example, officers will post an ad on an adult website using a picture of a young adult woman. They get the suspect to talk about various tantalizing sexual activities and arrange for a meeting. After the suspect is “on the line,” the undercover officer claims they are a teenager and pushes the suspect to proceed with the plan to meet up. Even when the suspect tries to call off the plan, the undercover officer keeps pushing and manipulating by appealing to the person’s prurient interest. The officer will utilize advanced sexual knowledge and terminology to chip away at any moral conflict. Ultimately, when the often confused and conflicted suspect shows up at the designated location, they are arrested and charged with Child Sexual Abusive Activity, Accosting a Child for Immoral Purposes, and Using a Computer to Commit a Crime. In many of these cases, the suspect would never have even dreamed of harming a child, but the officers use expert tactics to keep pushing the person and compelling them to come to a meeting location.

Solicitation of a Prostitute

Police use undercover female officers to act as prostitute decoys in jurisdictions throughout Michigan. Entrapment-type investigations are often used in solicitation cases in Detroit, Michigan. It is not uncommon for a man to ask a female undercover officer for directions, and officers falsely claim he was soliciting her for sex. The Detroit City Attorney and other prosecutors in Michigan utilize heavy-handed laws with mandatory jail time to coerce and force innocent men into accepting criminal convictions, jail, and probation.

Frequently Asked Questions

What are some examples of entrapment?

Examples of entrapment include a police officer doing any of the following:

• claims they don’t have any money and will die if you don’t sell your prescription drugs to them,
• harassing someone via phone, mail, etc., to shoplift a laptop for their school studies because they are failing school and will be kicked out of college,
• threatening to expose a person’s love affair if they don’t sell drugs or commit an assault, and
• giving a drug dealer a package of “marijuana” to deliver, but intentionally providing them with fentanyl to increase the severity of the crime.

What is the Michigan entrapment defense?

Entrapment is a defense to criminal charges because the defendant committed the offense only due to government harassment or compulsion. The crime would not have been committed if there had been no coercion.

What are the elements of entrapment?

A valid entrapment defense has two related elements: (1) government inducement of the crime and (2) the defendant’s lack of predisposition to engage in the criminal conduct.

What happens if entrapment is proven?

The judge or jury must find the defendant not guilty if he can prove entrapment by a preponderance of the evidence (a less stringent standard than reasonable doubt).

What’s considered entrapment?

When police officers pressure or convince someone to commit a crime, this is known as entrapment.

Is entrapment illegal in the United States?

Entrapment isn’t illegal, but it’s also not permitted. A person who was entrapped is entitled to a “not guilty” verdict at trial.

What are the different types of entrapment?

Entrapment occurs most often in the following cases:

• Drug crimes
• Internet crimes
• Child pornography
• Solicitation of a minor
• Soliciting a prostitute

Is entrapment a legal defense in Michigan?

Entrapment is a legal and complete defense to a charge if the judge or jury finds it truthful and reasonable.

Is entrapment a constitutional defense?

Entrapment is not a legal concept in the United States Constitution. It is a recognized criminal law defense against police overreach in all states and federal courts.

Highly Experienced Detroit Area Criminal Lawyers Using Entrapment and All Other Defenses Permitted Under the Law

Facing criminal charges is scary. Things move quickly, and things are said that can be confusing and easy to misunderstand. Before anything is said or happens that might hurt you and your situation, it is crucial that you get the best legal representation available. You must protect yourself when your freedom is at stake.

The Metro Detroit-area criminal lawyers at DICKSTEIN & AMBERG, P.L.L.C. are proven fighters! They are well respected and have an impressive record of success against state and federal prosecutions. We take our obligation to our clients very seriously. We take the time to get to know you and treat you like family. Our defense lawyers have vast experience successfully defending clients using entrapment and all other defenses available under the law. Call us right away for a free consultation, and we will take the time to speak with you, answer your questions, and address your concerns.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
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Parisa is an outstanding criminal defense attorney. She helped me during a really difficult time in my life, and from our very first conversation it was clear how sharp and detail-oriented she is. She is knowledgeable and deeply understands how the court system works and has great instincts about how to approach a case that got more complicated as time went on. She always seemed to know the right move at the right time. On top of being an excellent lawyer, she's warm, personable, and genuinely cared about me as a client, not just my case. I always felt like she had my back. I can't recommend her highly enough to anyone who needs a criminal attorney they can trust.
  
 
 
 
 
 
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I contacted Lewis & Dickstein after receiving a letter informing me that I needed to turn myself in for a High BAC OWI that occurred in Bloomfield. Since this was the first time I had ever been in trouble with the law, I was extremely nervous and unsure of what to expect. Shortly after contacting the office, Attorney Monarrez called me personally. From the first time I stepped into his office, I felt that I was in good hands, although I was still very concerned because of the seriousness of my case. Attorney Monarrez immediately got to work. He arranged a walk in arraignment, and I was released on a personal bond. He provided me with valuable resources, guided me on the steps I needed to take, and took the time to learn about my personal background so he could build the strongest possible case on my behalf. Throughout the four months that he handled my case, I always felt reassured whenever he walked into the courtroom. It truly felt like a weight was lifted off my shoulders knowing that he was representing me. As the case progressed, he was able to get one of my charges dismissed and ultimately secured a sentence of probation instead of jail time. I am confident that I would not have received such a favorable outcome without Attorney Monarrez’s knowledge, dedication, and hard work. He was professional, responsive, and supportive throughout the entire process. I would highly recommend Attorney Monarrez to anyone in need of legal representation, and I am extremely grateful for everything he did for me.
  
 
 
 
 
 
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My brother  had an excellent experience with this lawyer. Throughout the case, they were professional, knowledgeable, and always kept him informed about what was happening. They worked diligently, answered questions promptly, and provided clear guidance during a stressful time. Their dedication and expertise helped achieve a very positive outcome. Our family is extremely grateful for their hard work and support. I would highly recommend this lawyer to anyone looking for reliable and effective legal representation.
  
 
 
 
 
 
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I had a very good experience working with Nicolas J. Monarrez. He was professional, knowledgeable, and always treated me with respect throughout the entire process. He explained everything clearly, answered my questions patiently, and made me feel confident during a stressful situation. I was really impressed by his dedication and the way he handled my case. Even the judge appreciated his work and professionalism in court, which showed the respect he has earned through his experience and preparation. I highly recommend him to anyone looking for a reliable and supportive lawyer.
  
 
 
 
 
 
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We had Loren on a federal exploitation of a minor charge for my husband. Needless to say, that charge was quite a shock to me! After getting Loren ans our lawyer, he made us feel comfortable and helped get my husband evaluated and treatment. He needed help for a terrible pornography addiction. This was an awful case and a terrible twist in our lives! No matter how bad things got or seemed to get, Loren saw us through the whole way and always made us feel comfortable and confident we would get the best outcome. At sentencing, he did a masterful job of convincing the judge to order a sentence that was only a third of what the US attorney was asking for. I don’t think any other lawyer could’ve done as well.
  
 
 
 
 
 
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9 May 2026
 
 
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14 March 2026
 
 
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Very pleased and excellent experience. I want to let you know that my experience with Loren as my lawyer was very positive. He did a great job. English is not my first language. Loren was patient and found ways to make explain my options and his process in a way I could easily understand.
  
 
 
 
 
 
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10 March 2026
 
 
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Five Stars Five stars. This is an attorney who genuinely cares and tries his best to provide the best service for his clients. He was kind enough to take the time to call me to discuss my concerns for free. I always felt like I was in good hands with Mr. Dickstein. He answers questions efficiently and takes great care with each one of his cases. If you are ever in need of legal counsel and you feel lost or overwhelmed, the first person you should reach out to is Mr. Dickstein and his firm.
  
 
 
 
 
 
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19 February 2026
 
 
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17 February 2026
 
 
 Trustindex verifies that the original source of the review is Avvo. 
Professional Help When I Needed It Most I had an excellent experience working with Mr. Loren. From the very beginning, he was professional, responsive, and genuinely supportive during a very stressful situation. He took the time to explain everything clearly, guided me through each step of the process, and handled my case with great care and attention to detail. Thanks to his expertise and dedication, the matter was resolved smoothly, and I finally have peace of mind. I truly appreciate his commitment to helping his clients and making them feel heard and protected. I highly recommend Mr. Loren to anyone in need of knowledgeable, reliable, and compassionate legal representation. Thank you again for everything!
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Rebekah Sassin 
 
8 February 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
Jessica was great, she was able to get my dual ticket down to zero points! Greatly appreciated
  
 
 
 
 
 
 Posted on Avvo  
 
  
 
 
 Brent 
 
6 February 2026
 
 
 Trustindex verifies that the original source of the review is Avvo. 
With great appreciation- 5 stars (I’d give more if possible) Thank you to Loren Dickstein. You did what you said you would do. You defended me to the best of your ability. You were honest, straightforward, and realistic. You fought and didn’t give up on me. I couldn’t have asked for more. Thank you.
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Roxanne Barzone 
 
3 February 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
I had a positive experience working with Jessica Hollan.   She showed care and concern in the time she took to obtain my perspective on the incident leading to the ticket and why it happened so that she would be fully prepared when she negotiated with the prosecuting attorney.  She was easy to talk with and empathic and I found this helpful in creating trust that she cared about working on my behalf and would do so.  And she did, reducing my ticket to a 0 point fine (originally 3 points) and reducing the cost of the ticket, as well.  Thank you, Jessica.
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Joan Martin 
 
25 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
I highly recommend Mr. Loren Dickstein of Lewis & Dickstein, P.L.L.C. (3000 Town Center, Ste. 1330, Southfield, MI 48075). He represented my nephew in a legal matter in the United States and was outstanding throughout the entire process. Mr. Dickstein demonstrated exceptional professionalism, strong judgment, and a clear, strategic approach. He explained options and next steps in a calm, practical way, that gave our family real confidence. Thanks to his skillful handling of the case and focused negotiation, the charges were dismissed and we achieved a positive outcome. If you are looking for a lawyer who is both highly competent and genuinely committed to his clients, I would not hesitate to recommend Mr. Dickstein.
  
 
 
 
 
 
 Posted on Avvo  
 
  
 
 
 J Martin 
 
25 January 2026
 
 
 Trustindex verifies that the original source of the review is Avvo. 
Professional, experienced, and very responsive. Charges were dismissed. Thank you, Mr. Loren Dickstein. I highly recommend Mr. Loren Dickstein of Lewis & Dickstein, P.L.L.C. (3000 Town Center, Ste. 1330, Southfield, MI 48075). He represented my nephew in a legal matter in the United States and was outstanding throughout the entire process. Mr. Dickstein demonstrated exceptional professionalism, strong judgment, and a clear, strategic approach. He explained options and next steps in a calm, practical way, that gave our family real confidence. Thanks to his skillful handling of the case and focused negotiation, we achieved a positive outcome. If you are looking for a lawyer who is both highly competent and genuinely committed to his clients, I would not hesitate to recommend Mr. Dickstein.
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Mercedes Williamson 
 
24 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
Nicolas Monarrez did an amazing job representing me. Took the time to study and prepare my case and was their every step of the way, also responded every time I needed him. 10/10
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Penny Fournier 
 
23 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
Professional, conscientious, engaged, hard working and maintained open communication.  Happy with Mr. Dickstein’s representation.
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Becks 
 
23 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
Nick did a good job handling my case and was professional throughout the process. Everything went smoothly and I felt adequately represented. I was satisfied with the outcome and appreciate his help!
  
 
 
 
 
 
 Posted on Avvo  
 
  
 
 
 anonymous 
 
23 January 2026
 
 
 Trustindex verifies that the original source of the review is Avvo. 
Hardworking professionals Happy with Mr. Dickstein’s representation. Hardworking, professional, engaged, respectful.
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Sirikrishna Villivalam 
 
21 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
I wanted to take a moment to sincerely thank you for all your help and guidance throughout my case. Your professionalism, patience, and attention to detail made a very difficult situation much easier for me to navigate. I truly appreciate the time you took to explain the process clearly and to address all of my questions and concerns. Your dedication and commitment gave me a lot of confidence during this challenging time. I am very grateful for your support and would not hesitate to recommend you to anyone who may need legal assistance in the future. Thank you again for everything
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Louis Smith 
 
19 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
I was reaching out to find a lawyer for a family matter. Contacted several lawyer firms, only Jessica responded and offered us help in our case. She not only understood the complicated situation totally, but also offered advice and support that helped our case tremendously and favored our expectations when she presented our case in court. I recommend Jessica anytime you are in need of help.
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Jeff Parsons 
 
17 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
Nic was an all star, very knowledgeable,  professional and passionate.  He defended our son's innocence with a purpose not just a job. He answered all our questions no matter what time of day. He pivoted on every angle for the best possible outcome which was a dismissal.
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Jaqueline Sidor 
 
15 January 2026
 
 
 Trustindex verifies that the original source of the review is Google. 
Jessica is an excellent lawyer and a very empathetic person. I am very satisfied with the results. My previous lawyer obtained an offer that I wasn’t happy with, and for that reason ,I decided to contact jessica for a second opinion. After speaking with her ,I decided to have her handle my case, and I didn’t regret it. She managed to get the charge dismissed .I definitely recommend her services.
  
 
 
 
 
 
 Posted on Avvo  
 
  
 
 
 Cathy 
 
12 January 2026
 
 
 Trustindex verifies that the original source of the review is Avvo. 
Clear Thinking, Strong Advocacy, and Total Confidence I have an associate’s degree in engineering, so I approach problems logically and pay close attention to details, which is exactly why hiring Loren Dickstein made sense to me. From the start, he broke a stressful legal situation into clear, understandable steps and explained what mattered, what did not, and why certain choices carried real risk while others did not. Nothing felt like guesswork because every move had a purpose. He knew the facts cold, anticipated issues before they surfaced, and adjusted strategy quickly when circumstances changed, always explaining things in plain language without talking down to me. Just as important, he treated me like a person, not a file, by returning calls, following through, and doing exactly what he said he would do. The outcome exceeded my expectations, but the real value was the confidence I had throughout the process knowing my case was in capable, disciplined hands. If you want a lawyer who thinks clearly, communicates directly, and truly understands the system, Loren Dickstein deserves five stars without hesitation.
  
 
 
 
 
 
 Posted on Avvo  
 
  
 
 
 Rob 
 
9 January 2026
 
 
 Trustindex verifies that the original source of the review is Avvo. 
Lawyer or Magician? Hard to tell! I highly recommend Loren Dickstein. He did a great job on my case. I truly did not understand what was happening and he took the time to walk me through the process step by step. I likely was not his easiest client, but he never let that show. The officer on my case didn’t like me at all! Somehow, Loren worked his magic and got him to back off so we could reach a very positive decision. I’d recommend Loren to anyone I care about.
  
 
 
 
 
 
 Posted on Avvo  
 
  
 
 
 Mel 
 
30 December 2025
 
 
 Trustindex verifies that the original source of the review is Avvo. 
No. 1 Advocate for your Advantage My name is Mel. I hired Loren to help me because the prosecutor wasn’t telling me what’s going on and didn’t care what I wanted. Under the crime victim’s rights law, they are supposed to include people. Loren contacted them and got them to talk to me. I wanted restitution and Loren made sure I was protected. He is a great advocate!
  
 
 
 
 
 
 Posted on Google  
 
  
 
 
 Wang 
 
19 December 2025
 
 
 Trustindex verifies that the original source of the review is Google. 
Parisa got my DV case dismissed. She is different from other attorneys. She doesn’t interrupt me and patiently listens to my concerns first. She gives a calm, confident, and ruthless impression, which is why I retained her after talking to so many attorneys. She emails me quickly about every step and detail of my case, such as motions/deviations she’s filing or evidence she receives. Some attorneys are not this detail-oriented. Additionally, she confirms your professional status, like your medical license and your immigration status, to ensure that the result won’t negatively affect you. She is patient with her clients but very effective and ruthless in court. She isn't afraid to go to trial if needed. While she and her firm can be very expensive, you want to retain a very competent attorney, especially when you are concerned about your career or immigration status. You don’t want to retain a random or “affordable” attorney because it will be a nightmare. For me, I am a very picky person and want my attorney to be effective and aggressive in court. Parisa and her firm will do everything possible to obtain a dismissal or a not-guilty verdict. She is not a random attorney who would convince you to accept a lame plea deal. It was very stressful to have a pending criminal charge. However, I felt much safer after retaining Parisa and her firm. I am thankful for Parisa.
  
 
 
 
 
 
 
 
 
 

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