Ellis County Conspiracy Attorney

CHALLENGING FEDERAL CONSPIRACY CHARGES

Federal prosecutors frequently bring conspiracy charges. A conspiracy to commit a federal crime happens whenever there is an agreement to commit a specific federal crime between two or more people, and at least one of those people performs some overt act to further the conspiracy. The government doesn’t have to prove that there was a written agreement between the co-conspirators; instead, the prosecutor can prove a conspiracy just by demonstrating that the people it says were involved in the conspiracy were working together to do some crime. As an Ellis County criminal defense attorney, I can help protect you from these charges.

The general federal conspiracy statute is 18 U.S.C. § 371. This statute criminalizes both conspiracies to defraud the United States as well as conspiracies to violate any other provision of federal law. By the text of that provision, you can see how the two elements work. The statute says that it is a crime:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy

The United States Code contains other specific conspiracy provisions. For example, 21 U.S.C. § 846makes it illegal to commit a conspiracy to manufacture, distribute, or possess with intent to distribute controlled substances. Eighteen U.S.C. § 1951 – which prohibits committing a robbery of any article in interstate commerce – contains its own conspiracy provision. So Section 1951 makes it a crime both to commit a robbery and to conspire to commit a robbery.

OTHER WAYS YOU COULD BE AT RISK

One vicious consequence of a conspiracy charge is that a minor participant in a conspiracy can be swept up in the same case as someone who is much more responsible for criminal conduct. This is a particularly serious problem in drug conspiracy cases. For example, a person who had a small role in a drug conspiracy that involved a significant quantity of drugs can be subject to a mandatory minimum for all the drugs in the conspiracy.

Because conspiracy charges are so broad, and because so much of the law created by federal courts about conspiracy is so challenging for people accused of federal conspiracy offenses, a lawyer representing a client in a federal conspiracy case has to very carefully investigate the government’s evidence to know how to adequately defend his or her client.

CALL ROBIN MCCARTY, ATTORNEY AT LAW

Never face accusations or charges alone. I know and understand your rights because of my vast experience as a state police officer and an Ellis County criminal defense attorney. Understanding both sides of the justice system grants me the advantage in better protecting your rights.

My firm offers free case evaluations.