Kathleen, FL Criminal Defense Law Firms & Lawyers

Without knowing more about the facts of your case, I cannot say, but being held for 23 days on a simple misdemeanor and then being released, does not sound right. I would consult with an attorney oin your area who can review the facts of your case in greater detail.

Entrapment is an affirmative defense to a crime.  Entrapment occurs when law enforcement or its agent induces or encourages someone to commit a crime he or she was not predisposed to commit.   In raising  entrapment as a defense, the person charged admits committing the crime, but maintains he did so only because of the improper inducement by  law enforcement or its agent. The precise definition of entrapment varies from state to state. In Florida, where you are from, entrapment occurs when a law enforcement officer, or someone cooperating with the  officer, induces or encourages someone to commit a crime, for the purpose of obtaining evidence against the person, and in so doing, uses methods of persuasion which create a substantial risk that the crime will be committed by someone who was not otherwise ready to commit it.Using a confidential informant to make a drug purchase and record the transaction without the knowledge of the seller is a standard and typical law enforcement practice. It is lawful in Florida. Florida law expressly permits police or someone operating under their direction to record a communication even though only one of the parties to the conversation or recording has consented, if the  purpose of recording is to obtain evidence of a criminal act.Since your friend has been convicted and sentenced, and his motion to mitigate his sentence has been denied, he has few (if any) avenues of relief left. You might consider consulting with a criminal defense attorney who specializes in post-conviction matters. He or she can advise you, after hearing all the pertinent facts, and reviewing the court file if warranted, whether there your friend has grounds  to challenge the conviction or sentence based on ineffective assistance of counsel or a due process violation. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998