Conspiracy at a Federal Level

 Posted on April 11, 2017 in Uncategorized

Conspiracy is a topic that on which films and television shows are created. Thousands of novels fly off the shelf annually with titles related to dramatic conspiratorial plotlines. The word in and of itself sounds intriguing, but what exactly does it mean? The term in itself encompasses a wide variety of behaviors, requiring further explanation. Conspiracy is a charge discussed at a federal level and is rarely considered an offense at the lower state level, which means that it has substantial penalties should a conviction occur.  Let us clarify a few of the details.

What Is Conspiracy?

A conspiracy occurs anytime two or more individuals put their heads together and agree to commit a crime and for one of those individuals to act in a way to further this plan. Prosecutors enjoy attempt conspiracy charges because the spectrum of behavior is comparably broad and the burden of proof is lesser than other crimes. A jury must believe that the defendant merely knew about the plan for the offense to declare the defendant guilty, rather than needing evidence that a comprehensive agreement occurred.

Therefore, if two people joke about robbing a bank within a group of people and one happens to purchase a ski mask the next day, everyone affiliated with those comments is all susceptible to conspiracy to commit bank robbery, regardless of how minor the role of the bystanders. Additionally, the prosecution must prove beyond a reasonable doubt that the defendant knew the planned behavior to be illegal. Considerations during investigations include:

• The length of the conspiracy,
• Trying defendants separately, and
• Admission of hearsay into evidence.

What Are the Penalties?

According to the federal sentencing guidelines for conspiracy, both the offense and the planning of the plot have matching penalties. For instance, if a five people in a group face suspicions of conspiracy for mass distribution of a controlled substance, then even the smallest player considered as a part of the conspiracy has the possibility of receiving the same sentence.

Protect Yourself

When you deal with the federal government, it is important to have a defender on your side who has your best interest at heart. Although you may be assigned an attorney, these lawyers are often overworked with too many cases and cannot properly devote time to the specific needs of your case. To best protect your future, you will want someone who has not only the time and interest but the legal experience and proven knowledge to make your defense impenetrable. If you are interested in discussing your case with a Chicago, IL conspiracy defense attorney, contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today by calling 312-629-0669 to schedule your free and confidential initial consultation.

Sources:

https://www.law.cornell.edu/uscode/text/18/371