| Of all criminal charges, the most | | | | |
| intimidating can be federal charges. This is | | | | In order to be convicted of a conspiracy the |
| especially true when one is dealing with a | | | | evidence must prove the defendant knew of the |
| federal conspiracy charge. Some may ask just | | | | conspiracy, purposefully associated |
| want exactly is a conspiracy? A conspiracy | | | | themselves with it and affirmatively |
| exists when two or more people form an | | | | cooperated in it, or at least agreed to |
| agreement to do some act or refrain from | | | | cooperate in the objective of the conspiracy. |
| doing some act. | | | | |
| | | | However, the law is established that mere |
| A conspiracy to commit a crime is a crime in | | | | presence at a location, even with knowledge |
| and of itself, which means that conspiracy is | | | | that a crime is being committed there, is not |
| charged as a separate offense and apart from | | | | sufficient to establish that a defendant was |
| the crime that the parties to the conspiracy | | | | a member of the conspiracy. |
| conspired to commit. | | | | |
| | | | The punishment for conspiracy laws is |
| There are several reasons for a prosecutor to | | | | generally the same as the punishment for the |
| charge someone with conspiracy, and despite | | | | underlying crime agreed upon by the |
| the fact that the law defines conspiracy as | | | | conspirators. However, many things can |
| "agreement" between two or more persons, only | | | | actually factor into the punishment. |
| one person need intend to commit a crime out | | | | |
| of the conspiracy. | | | | If the government believes that the |
| | | | conspiracy has been ongoing in nature, they |
| Most federal statutes require that the | | | | may attempt to introduce evidence of all the |
| government prove at least one of the | | | | prior acts of which they have knowledge. |
| co-conspirators committed an overt act during | | | | |
| the course and in furtherance of the unlawful | | | | This is common in drug conspiracies where the |
| agreement. For example, an overt act is | | | | quantities are often times added together to |
| required for a conspiracy under 18 U.S.C. 371 | | | | produce a much larger amount than may have |
| (to commit offense against or to defraud the | | | | actually been seized. Many times the |
| United States), 18 U.S.C. 1117 (to commit | | | | government has obtained this information |
| murder); 18 U.S.C. 1201 (kidnapping); and 18 | | | | related to the conspiracy from a cooperating |
| U.S.C. 1751 (Presidential assassination). | | | | witness. |
| | | | |
| However, an overt act is not required for 18 | | | | There are defenses to the crime of |
| U.S.C. 241 (violate civil rights); 18 U.S.C. | | | | conspiracy. Thus, it is important to hire |
| 2385 (advocate overthrow of government); 21 | | | | counsel who has experience in this area of |
| U.S.C. 846 (drugs); and 21 U.S.C. 963 (RICO). | | | | the law. |