All a federal prosecutor needs to charge you with conspiracy is evidence that you agreed to commit an illegal act with another person. While many federal statutes require that overt action be taken toward completing the illegal act that is the subject of the conspiracy, no overt action is required in federal drug conspiracy cases.

Conspiracy is often a catch-all charge. Even if you cannot be tied to the scene of a federal crime, you may be punished for its outcome if you were part of a conspiracy to commit the crime. Federal conspiracy law is complex; the experienced federal trial attorneys at Marcilliat & Mills PLLC, can explain why you have been charged with conspiracy and develop a defense strategy to fight those charges.

What Must Be Proven to Show That You Were Part of a Federal Criminal Conspiracy

At least two people. A conspiracy requires agreement between at least two people to commit a crime, but one of those people cannot be a government agent. If an undercover officer or investigator got you to agree to commit a crime with him or her, a conspiracy did not occur.

Knowing participation. Simply knowing others involved in a conspiracy and even knowing that a crime is being committed is not enough to convict you of a federal conspiracy charge. The federal prosecutor must prove that you knowingly associated with other conspirators so that you could participate in the criminal act that was the purpose of the conspiracy.

Withdrawal. Even though at some point you may have been in agreement with co-conspirators to take part in criminal activity, if you had withdrawn from the conspiracy before the illegal act took place, you are not guilty of federal conspiracy.

Your criminal defense lawyer will investigate many other defense strategies focused on the prosecutor’s burden of proving that you, in fact, were a member of a federal criminal conspiracy.

Charged With Federal Conspiracy? Contact Marcilliat & Mills PLLC

Our federal criminal defense attorneys will examine the evidence and look for weaknesses in the case against you related to the federal conspiracy charges you face. Contact us online or call our Wilmington law office at 919-838-6643 to schedule an appointment with a conspiracy defense lawyer today.

U.S. vs. J.R.
Charge: Mail Fraud (9 Counts), Conspiracy to Commit Mail Fraud
Facing: Three years in prison
Result: One year, One day

Our client was convicted of nine counts of mail fraud and one count of conspiracy to commit mail fraud. The government alleged that our client fraudulently obtained more than $115,000 from her former employer. At the sentencing hearing, the Judge granted our motion for a downward departure, sentencing our client to one year and one day. The government had asked the judge to sentence our client to several years.

Related Links: