![]() Even if they never meet Walter or agree to anything with him, they're all still part of the same conspiracy, because each conspirator has agreed with at least one other member of the conspiracy to traffic in drugs.Īlso, sometimes a person can be charged with a conspiracy even when they're the only true conspirator. Assume that Jesse asks his friends Badger and Pete to sell the drugs, and they agree to do it. For example, consider Walter and Jesse's agreement to make and distribute meth discussed above. That said, in a conspiracy involving more than two people, the prosecutor doesn't necessarily have to prove that each person had an agreement with everyone in the conspiracy. In these circumstances, it would appear that each person had a role in the robbery and acted together, which suggests that they had a mutual agreement to rob the bank. Often, there's no such direct evidence, and the prosecution has to rely on circumstantial evidence-like the actions of the alleged conspirators-to prove an implied agreement.Ĭonsider a bank robbery where one person acts as a lookout, another demands money at gunpoint, and a third waits in a getaway car in which they all flee from the scene. Sometimes, there might be clear evidence of an agreement, such as text messages or recorded phone calls about a planned crime. The agreement doesn't have to be formal and doesn't even have to be "express" (written or spoken out loud for example). Often (but not always), the prosecutor also has to prove that someone in the conspiracy committed at least one "overt act" to further the target crime. Though states differ in how they define the elements of conspiracy, a conviction usually requires proof that the defendant agreed with one or more people to commit a crime and intended to follow through with it. ![]() On the other hand, if their plan is successful and they do commit the target crimes, they can be charged with those offenses as well as conspiracy. But they could still be charged with conspiracy for having agreed to commit them. If Walter and Jesse scrap their plan because they can't find any meth-making supplies, they'd avoid committing the target crimes. The agreement to commit those crimes would be the separate crime of conspiracy. ![]() In that scenario, the target crimes might be drug trafficking offenses like manufacturing and distributing controlled substances. A person can be charged with an inchoate offense even if no completed crime-often called the "target crime" in conspiracy cases-ever takes place.įor example, assume that Walter and Jesse have a drug business agreement: Walter will be in charge of making methamphetamine, Jesse will sell the drugs, and they'll both share the profit. What Is a Criminal Conspiracy Charge?Īlong with attempt (trying to commit a crime) and solicitation (asking someone to commit a crime), conspiracy is an "inchoate" (incomplete) crime. That said, it's serious business because it can often lead to a felony conviction, depending on the type of crime that was planned. A criminal conspiracy is simply an agreement between two or more people to commit a crime (who are often called "conspirators" or "co-conspirators"). But most criminal conspiracy cases are pretty humdrum by comparison.įor example, a conspiracy could result when two thieves plan a burglary together or a few business people engage in illegal insider trading. ![]() When people think of a criminal conspiracy, they might envision the mob or some other secret group plotting out a big heist or even an assassination. ![]()
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