Accused Of Conspiracy To Commit A Drug Offense?
Most of the time, a person must commit a specific act in order to be charged with a crime. However, there is a specific category of offenses known as ‘incomplete’ or ‘inchoate’ crimes where that is not the case. The most commonly known are solicitation and attempt, but conspiracy is another of that type. If you have been charged with conspiracy to commit a drug offense, it is important to understand exactly what that may entail.
Separate From The Underlying Offense
The definition of conspiracy is when two or more people “agree, conspire, combine, or confederate [sic]” at the same time to commit a particular offense. In other words, a single defendant cannot face conspiracy charges, because the nature of the offense requires more than one participant. The agreement to commit the offense must be willing, and a person’s involvement must be more than just minor assistance.
It is also worth noting that even if the offense is completed, defendants may still face conspiracy charges, since they are two different crimes. For example, if three people get together and agree to burn down a certain building, they can all be charged with conspiracy to commit arson, if enough evidence is found. If they succeed in burning down the building, they would likely face both conspiracy charges and arson charges.
Easier For Prosecutors To Prove
While conspiracy is a very real criminal offense and carries jail time if convicted in most cases, it is important to understand that in many drug cases, state’s attorneys will charge a person with conspiracy because they lack the evidence to establish guilt for the underlying offense. For example, a person may face a charge of conspiracy to commit drug trafficking when the state cannot establish that drug trafficking definitively took place.
There are only two criteria that must be established in order to prove a charge of conspiracy – that more than one person was involved, and that they agreed ‘in unison’ to commit the underlying crime. The underlying crime itself, however, may require many more criteria in order to establish guilt, such as proof of unlawful possession of a controlled substance or a knowledge of its illicit nature. Thus, a prosecutor looking for a conviction may opt for a conspiracy charge instead.
Contact A West Palm Beach Drug Offenses Attorney
If you have not definitively committed a drug-related offense in Florida, it is understandable that a conspiracy charge may feel like a bolt out of the blue – but it should be taken seriously. A West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can help you determine your legal options. Call our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0777/Sections/0777.04.html
