Conspiracy is an illegal agreement between two or more people that the government must prove that you or the person accused voluntarily joined, with the intent to be part of this illegal agreement. The evidence has got to be proof beyond a reasonable doubt. Merely because you were in a place where a crime was discussed or where people were arrested is not enough. Mere presence is not enough, you have to actually have joined the conspiracy with the intent to be involved in the goal of the conspiracy. Conspiracy is a serious charge. It's used primarily in federal court. It's such a broad, all-encompassing charge that is reasonably easy to prove under certain circumstances, that it's called the darling of the prosecutor's nursery. The conspiracy charges are often just as serious as the actual charge itself. So, for example, if a group of people get together and decide to rob a bank, and they do enact in furtherance of it, they buy duct tape to tie people up, or they drive to the bank and scope it out, they're guilty of conspiracy. Then, if the bank robbery actually takes place, they're guilty of the bank robbery as well. So, conspiracy is very, very, very serious. It's very all-encompassing, and you've got to make sure that your lawyer fully understands conspiracy law. There are books and books written strictly on conspiracy law, that's how complicated it is. We understand conspiracy law.
By
Jeffrey S. Weiner, P.A.
