What Are Florida Inchoate Offenses?

Because Florida takes drug offenses very seriously, you may have either been charged with, or have heard of someone else charged with, conspiracy to buy, sell, or traffic drugs. Conspiracy is one of three offenses recognized in Florida as what are called ‘inchoate’ offenses; that is, actions that are criminal even if they fail to accomplish their objective. Having legal advice can help you navigate what can be a complex legal process.

A “Substantial Step” Is Needed

There are three Florida crimes that fall under this umbrella: attempt, solicitation, and conspiracy. A person can be charged with criminal attempt if they take a substantial step or affirmative act toward committing a crime. For example, a person who purchased a firearm with the express intent of using it to rob a store might face charges of attempted robbery.

Solicitation is, essentially, attempting to hire or otherwise induce someone else to commit a crime on your behalf, with the most common example being prostitution. Conspiracy is by far the most common of the three when it comes to drug-related offenses, and the standard of evidence required to make such a charge stick is lower than one might think.

A Separate Offense

In order to be convicted of a charge of criminal conspiracy, two things must be clear in the prosecution’s case: that two or more people made an “express or implied” agreement to commit a crime, and an intention to actually do so. The fact that the agreement can be implied is important; it means that no direct evidence actually has to tie a person to a conspiracy for them to still be charged.

It is important to understand that conspiracy is its own separate offense. For example, if you are charged with trafficking in cocaine, you and anyone involved in the enterprise can also be charged with conspiracy to commit drug trafficking, and you can be convicted of the conspiracy charge even if you are found not guilty of the underlying drug offense. This can be frightening, but the right attorney can help.

Contact A West Palm Beach Drug Offenses Attorney

Conspiracy to commit a drug crime is sometimes just as serious as being charged with the drug crime itself. If you are facing a conspiracy charge that has to do with drugs, a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help protect your rights. Call our office today to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2021/777.04