Conspiracy to distribute is a criminal charge for drug trafficking and other contraband cases. Prosecutors must prove two or more people planned a criminal activity, and an overt act furthered the conspiracy. Those involved can be charged with co-defendants’ actions. Defenses and plea deals are available.
Conspiracy to distribute is a criminal charge used in some drug trafficking cases in which a prosecutor has evidence that two or more people conspired to distribute drugs. This charge may also apply to other cases of distribution of contraband material. The handling of such cases varies by jurisdiction, as do the criteria needed to receive a conviction. People facing a conspiracy to hand out a charge should meet with a criminal lawyer, preferably who specializes in cases similar in nature to the one a person is accused of, to discuss the situation and various legal options.
For a conspiracy charge, prosecutors must be able to prove that two or more people met to plan a criminal activity. In some regions, to be found guilty, people must commit the so-called “overt act”, an activity clearly connected to the conspiracy. It is important to note that this act does not have to be successful; it simply has to further the stated end goal of the conspiracy. Two people taking turns driving to pick up contraband from someone else, for example, would be committing an overt act.
Distribution charges include charges against people involved at all levels of drug distribution, including people who import drugs, as well as the sellers to whom they pass the drugs. People who possess large quantities of drugs are often charged with distribution, rather than possession, on the argument that they could not use the drugs themselves and therefore must have planned to sell or share them.
An important thing to note about conspiracy charges is that individuals involved in a conspiracy can often be charged with criminal actions committed by co-defendants in the process of furthering the conspiracy. Someone charged with drug conspiracy, for example, could also be charged with murder if an accomplice killed someone in the course of a drug deal gone wrong. Conspiracy charges can be a very effective law enforcement tool for striking at the heart of groups involved in the manufacture and sale of drugs, and the ability to indict all those involved on similar charges is an important component of a conspiracy charge. conspiracy.
There are a number of defenses to a conspiracy to distribute the case, depending on the situation. Prosecutors may be willing to offer defendants a deal if they are willing to become witnesses, and in some cases may offer very favorable terms in recognition that witnesses may face reprisals for cooperating in criminal cases. An attorney can discuss options and meet with the prosecution to see what sorts of deals are on the table in a conspiracy to distribute the case.
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