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What is necessary for a conspiracy charge?

On Behalf of | Oct 22, 2021 | Criminal Defense, Drug Crimes

The legal term “conspiracy” may suffer from improper perceptions. People constantly hear the words “conspiracy theory” spoken with disdain. A legal conspiracy is not the same thing as a fictitious belief not supported by facts. Under federal and Texas state criminal statutes, a conspiracy involves two or more people planning to carry out a crime. Many conspiracy charges involve illegal drugs.

Conspiracy-related drug crimes

When the police pull over a vehicle and find drugs, all parties inside the vehicle may face drug possession charges. However, arrests may occur long before anyone attempts to move the drugs. Law enforcement could have enough evidence to charge the suspects with conspiracy.

When two people agree to commit a crime, they may face charges of conspiracy. Therefore, individuals who plan to import illegal drugs and selling contraband may be indicted for conspiracy.

Conspiracy charges may be challenging for prosecutors. A warrant served on a person arrested on drug conspiracy charges may not uncover drugs in the individual’s home. Other evidence becomes necessary to prove guilt beyond a reasonable doubt.

Charging someone with conspiracy

DWI and drug crimes (drug conspiracy) require evidence for charges and convictions. With a DWI, blood test results could provide ample evidence. If a DWI stop uncovers kilos of drugs, evidence to support additional charges exists.

With conspiracy-related charges, prosecutors must show some definitive evidence that a party intended to distribute a substantial amount of drugs. A one-time, small deal may not rise to the level of conspiracy, but intentions to move tens of thousands of dollars of heroin could.

Prosecutors must prove someone intentionally committed an act of conspiracy. A defense strategy could show coercion led someone to become involved against his or her will.

Also, law enforcement must acquire evidence procured to establish conspiracy charges legally. If not, the evidence may not be admissible.