Jones Criminal Defense Attorneys | January 6, 2026 | Criminal Defense
Entrapment is a recognized legal defense in New Mexico that protects people from unlawful police tactics. It applies when officers go beyond providing an opportunity to commit a crime and instead coerce someone into breaking the law.
If you’ve been charged after an undercover sting or other similar kind of police operation, it’s important to know how entrapment works and whether it can be used in your case. In some cases, successfully raising this defense could lead to having your charges dropped altogether.
The Legal Definition of Entrapment in New Mexico
Entrapment is established primarily through case law in the State of New Mexico, as opposed to through a statute. The concept generally means that a government agent caused an otherwise law-abiding person to commit a criminal act through some form of manipulation.
Some states focus mostly on the defendant’s state of mind (subjective test), while others focus more on the conduct of law enforcement (objective test). New Mexico courts, however, apply a hybrid standard, considering both of these factors. This standard was developed through rulings such as State v. Sainz and State v. Vallejos.
In short, you may have a valid entrapment defense if:
- The officer’s actions would have induced a reasonable person to commit the crime, or
- You can show that you were not predisposed to commit the offense before law enforcement got involved
Both elements are designed to ensure fairness in the justice process by limiting the government’s ability to manufacture criminal conduct.
How Entrapment Typically Arises
Entrapment claims often come up in cases involving undercover police work, where the line between investigation and inducement can blur.
Common examples could include, depending on the overall facts and circumstances of the case:
- Officers repeatedly asking someone to buy or sell drugs after they refused
- An informant persuading someone to take part in a theft scheme
- Online sting operations where police impersonate others to provoke illegal behavior
- Undercover officers offering large sums of money to entice someone into criminal activity
These operations are sometimes legal in principle. However, if the evidence shows police pushed too far as the law applies, the entrapment defense may apply.
How Do New Mexico Criminal Courts Evaluate Entrapment?
A criminal court in New Mexico will generally look at two core elements to determine whether entrapment applies to the case at hand:
- Government conduct: Whether the officer’s actions were so overreaching that they would have caused a lawful person to commit the offense
- Predisposition: Whether the defendant was already willing to or planning to commit the crime before law enforcement intervened
However, note that if the government’s behavior was extremely coercive, the defense may succeed despite a finding that some predisposition existed. Conversely, if the defendant was clearly ready and willing to commit the crime, entrapment will likely not apply.
Building an Entrapment Defense
Since entrapment is an affirmative defense, the defendant must typically produce enough evidence to raise the issue initially. Once the defense is raised, however, the prosecution has to disprove entrapment beyond a reasonable doubt.
Your attorney will gather evidence to this end, such as:
- Messages and other communications showing the officer’s pressure
- Witness testimony about repeated contact and persuasion
- Proof that you initially refused to participate
- A clean criminal history or evidence of a non-criminal lifestyle
Using materials like these, your defense lawyer can demonstrate that you would not have committed the crime in question without the government’s involvement.
What Are the Differences Between Entrapment and Police Deception?
Not all deceptive tactics amount to entrapment. The police are allowed to use lies and ruses as part of their investigations. What crosses the line is when those tactics cause someone to commit a crime they would not have otherwise committed.
For instance, an undercover officer posing as a buyer in a drug case is permissible. However, if that officer pressures someone into obtaining drugs when they never intended to, the conduct may qualify as entrapment.
Why Entrapment Defenses Are Difficult to Win
Entrapment can be challenging to prove because it often relies on subjective factors like intent and persuasion. The state may argue that you were already inclined to commit the crime, for instance, or that the officer simply gave you the chance to do what you wanted to do.
This is why it’s critical to work with an experienced criminal defense attorney who understands how New Mexico courts interpret entrapment. A qualified lawyer will be able to identify inconsistencies in the prosecution’s case and highlight any improper conduct by law enforcement, among other steps on your behalf.
How a Criminal Defense Lawyer Can Help You Raise Entrapment
A criminal defense lawyer can analyze the full record of your case, including all of the communications between you and law enforcement, to determine whether an entrapment defense is viable.
They can then:
- File pretrial motions to suppress evidence obtained through any misconduct
- Cross-examine witnesses about how the investigation began
- Present evidence showing you were not predisposed to commit the offense
- Argue to the judge and jury that the police overstepped their authority if needed
Note that entrapment is just one avenue you may have to receive a favorable outcome for your charges. For example, there may not be sufficient evidence to convict you under the burden of proof. Alternatively, your constitutional rights may have been violated at some point during the process, such as through an unlawful search and seizure.
Contact the Albuquerque Criminal Defense Attorneys at Jones Criminal Defense Attorneys for Help Today
Entrapment is a vital legal protection against government overreach in criminal cases. If you believe law enforcement persuaded you into committing a crime, you may have valid grounds to challenge your charges.
That’s where Jones Criminal Defense Attorneys can help. Our Albuquerque criminal defense lawyers will work diligently to protect your rights under New Mexico law. Your freedom is too important to leave to chance. Contact us today for a free consultation.
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