For Reason and Justice
PO BOX   462    Catoosa, OK 74015 


John Dunn

Tulsa Office

616 S. Main, Suite 206

Tulsa, OK  74119

(918) 526-8000

Mannford Office

410 E. Cimarron Drive, Suite 1

Mannford, OK

(918) 865-8030

Legal Q&A:

Is it entrapment:  

Two analogized to a drug deal, if I tell someone that I will sell the marijuana without them asking me for and they in fact by the marijuana, they have not been entrapped. However, if I asked them to go across the street and buy marijuana for me and bring it back and when they return arrest them for possession or unlawful delivery, they have been entrapped. The question is whether or not the person is predisposed to commit the crime.

 The law does not require there to be a real person, merely that the defendant believed that he was making a proposal to a real person. Many of these instances someone post an ad on Craig’s list, or Tulsa back pages, or some other website and the defendant makes contact with them. During the conversation, it is revealed that the “person” is under the age of 16. In most of the cases I have seen there has been a question of whether or not that makes the difference. (The response to which is often quite damning.) Then the defendant continues the conversation and many times actually travels to the location where the person who is disclosed they are a juvenile is supposed to be to meet them for sexual activity. Each of these separate actions is an action taken by the individual, not induced by the government. Therefore, it is not entrapment.

Sometimes individuals may think they know enough to take on a legal strategy but without the advice of an attorney specialized in our issues, more harm than good can be done.  OK VOICES does not encourage pro se filings of cases that could negatively impact thousands of individuals if case law becomes established by a novice.  Take advice from the experts who have been there, done that and can be far more realistic with regards to outcomes than a pro se filer may be willing to want to admit. Think of others.