Entrapment Defense in Georgia: When Undercover Police Operations Cross the Line

Undercover stings are common in Georgia criminal cases. Officers may pose as buyers, sellers, or even minors online, and courts usually accept those tactics. However, when officers push someone into a crime they were not already ready to commit, the law calls that entrapment.

What Entrapment Really Means in Georgia

According to Georgia’s entrapment statute, O.C.G.A. § 16-3-25, a person is not guilty when a government officer or agent induces the conduct mainly to gather evidence. In everyday terms, the idea for the crime starts with law enforcement, the officer uses strong persuasion or deceit, and the accused was not already inclined to do it.

For example, a man with no record tells an undercover officer several times that he does not want to buy pills. The officer keeps calling, raises the payment, and promises that “nothing will happen.” When the man finally gives in, a jury may see that as entrapment. If he had already been selling pills, the same request would look very different.

How Entrapment Gets Proven (or Knocked Down)

To raise entrapment, the defendant often must admit to the basic conduct but argue it only happened because of government pressure.

You’ll usually see evidence like call recordings, message threads, or sting footage. Defense attorneys often flag patterns, such as persistent texts, unusual pressure, or offers that seem too generous to ignore.

Prosecutors respond by trying to show predisposition, pointing to prior similar charges or earlier bragging about committing the crime. Juries then decide whether the officer simply offered an opportunity or went too far.

Why Your Lawyer Matters

Entrapment cases are fact-specific. A defense lawyer reviews recordings, maps out the timeline, and measures the officer’s conduct against Georgia law. Even if the judge does not give an entrapment instruction, proof of heavy-handed tactics can support a motion to suppress or help reduce the charges.

If you believe an undercover officer or informant pushed you into a crime in northwest Georgia, you should talk with a criminal defense attorney as soon as you can. Morris & Dean has handled complex drug and internet crime cases arising from sting operations and understands how to present an entrapment defense in Georgia courts. Call our Dalton office at 706-222-3790 to discuss what happened and learn about your options.