Conspiracy Q+A

What does the State need to prove for Conspiracy Charges? 

The prosecution of Maryland conspiracy cases often depends on the burden of proof the prosecution has. The element that the prosecution needs to prove is that two or more individuals entered into an agreement to commit a criminal act with the actual intent of carrying it out. Intent is the most important element they must prove. Essentially, intent is a state of mind. All that is needed to be proven in this case is that an individual entered into an agreement.

Rarely does a conspiracy agreement exist in writing. This obstacle is sometimes difficult for the prosecution to prove. However, the prosecution of a Maryland conspiracy case depends heavily on it. If an attorney cannot prove a state of mind, they may be able to prove there is an agreement. However, the prosecution may not be able to prove that there was intent to carry it out, which is an essential element of conspiracy.
Conspiracy is one of the few inchoate crimes that an individual could be convicted both separately of the inchoate crime, as well as the committed crime. Unlike an attempt to commit a crime, an individual cannot be charged and convicted of both attempted murder and murder, for example. With a conspiracy charge, the prosecutors and law enforcement want to penalize individuals for simply coming to the agreement to commit an act.

So, I can be charged for the conspiracy AND a crime?

Yes, conspiracy charges are sometimes part of a larger case. This is especially true if a person is charged with both a conspiracy charge, and the crime in which that conspiracy entailed. If law enforcement is able to stop the crime from happening, then all the person is facing is conspiracy. 

If the crime is carried out, the prosecution will charge both the crime itself and the act of conspiracy. More often than not, if the crime does not happen, it is because it was stopped in time by law enforcement. However, often the crimes are carried out and law enforcement will only realize there was a conspiracy after the act occurred. The prosecution of Maryland conspiracy cases relies heavily on proving the agreement existed, and whether or not it had been carried out.

What Kinds Of Conduct Can Lead To Conspiracy Charges?

There are a couple of common scenarios that serve as examples of how authorities may try to use conspiracy charges against you in a criminal case. 

• Driver of a vehicle - Even if you only a drove a vehicle, prosecutors may contend that you were an accomplice in the conduct of the person you drove around. If the other person committed the burglary of a residence or business, or robbed a bank, you could be facing the same level of penalties as that person. The Maryland Criminal Lawyer will push back aggressively against the charges on your behalf. 

• Drug distribution - There is a big difference between giving or selling a small amount of drugs to a friend or acquaintance and actually engaging in drug distribution or trafficking. But prosecutors may try to rope you into a large scheme by claiming you were a co-conspirator. The Maryland Criminal Lawyer will provide forceful advocacy that protects your rights throughout the criminal justice process. 

• Accepting or Selling Stolen Goods- Someone comes to you and offers you an UNBELIEVABLE deal on a television. It seems too good to be true! And you wonder where this person got the television and why they are selling it so cheap. Well, if you know or should have known that the television was stolen then you could be charged with Conspiracy for theft of the television.

The charges you face may be under federal law or Maryland state law. Either way, when you face conspiracy or accomplice charges, it's important to be proactive about making a strong defense.