Conspiracy charges are some of the most frightening and confusing criminal charges. It has significant consequences and can also expose you to charges based on the underlying crime or crimes. Conspiracy does not require any of the alleged co-conspirators to complete the crime, but at least one person must take action to further it.
In other words, planning a hypothetical crime is not illegal. Still, once someone takes action to turn the crime into a reality, it is no longer hypothetical. The prosecution needs to prove every element of conspiracy in order to convict an individual. A Rochester conspiracy lawyer can work to challenge the prosecution’s evidence and secure the best possible outcome. Hire a criminal defense attorney from Kohlmeyer Hagen Law Office, Chtd today.
Conspiracy is an inchoate offense, meaning that a defendant does not have to complete the crime for it to be a crime. However, the state must establish three elements to prove a conspiracy:
An agreement means that two or more people agree to commit a crime in the future. One of them must have committed an overt act—something beyond planning or talking about the crime—to further the conspiracy. Finally, the defendant had to have the specific intent to agree to commit the crime.
Failing to prove any one of these elements can result in a not-guilty verdict. Therefore, a Rochester conspiracy defense lawyer may focus on disproving any one of the three elements.
There are some essential things to keep in mind about these charges. The state can charge a defendant with conspiracy without charging other alleged members or convicting anyone of the crime. An in-state defendant may be charged with conspiracy even if the alleged co-conspirators are out-of-state.
The potential punishment for a conspiracy depends on whether the planned crime was a misdemeanor or felony. Penalties start with a potential jail sentence of up to 90 days and a $300 fine. A person can spend as much as 20 years in prison if they are convicted of conspiring to commit first-degree murder or treason. There is also a limitation on the penalties and fines for conspiracy. They cannot exceed half of the maximum penalties for the offense if it had been carried out.
When a person gets charged with conspiracy, they may be arrested at the time of a crime or notified that they have a warrant for their arrest and given an opportunity to surrender. Since conspiracy investigations usually happen over some time, a defendant may know of an impending arrest before it occurs. As soon as a defendant thinks that they may be arrested and charged with conspiracy, they should contact a Rochester conspiracy attorney. If a suspect had no warning of the impending arrest, they should contact a lawyer before discussing anything with the police.
Police questioning plays a critical role in establishing a conspiracy case. In some instances, law enforcement may have tangible evidence of a conspiracy. They may have recordings, writings, or other evidence of an agreement to commit a crime. However, in many scenarios, the only evidence that law enforcement will have about a conspiracy is testimony from an alleged co-conspirator. They may also have no evidence of a conspiracy and just tell you they do because they are allowed to mislead suspects in a criminal investigation. Speaking to police without legal counsel present can result in a conviction that could have been avoided.
After an arrest, a defendant will have a bail hearing, where the judge determines if a defendant should be released before trial. The theoretical purpose of bail is to ensure that a defendant appears at trial, but judges and prosecutors may use it as a way to punish defendants. An attorney may argue for pre-trial release for a defendant with as few conditions as possible, including reasonable bail.
After a bail hearing, a defendant makes a first appearance. At the first appearance, a defendant hears the charges against them and enters a plea. At this time, most defendants and their attorneys only have some idea of what evidence the state may have, which almost always means a not-guilty plea. After the first appearance, the parties have a pre-trial settlement conference, and an attorney can start getting information from the state.
It is critical to work with a lawyer who understands the law and legal process for the best chances of a successful outcome.
If you have been charged with conspiracy—or are expecting charges—speak with a Rochester conspiracy lawyer as soon as possible. These crimes can be difficult for the state to prove. The sooner you enlist the help of legal counsel, the more time they have to craft a strong defense. Seek the services of Kohlmeyer Hagen Law Office, Chtd today.
