New Jersey – How Do Federal Conspiracy Charges Work?
Federal Conspiracy Charges: What You Need to Know
Have you been charged with a federal conspiracy crime? If youre facing criminal prosecution, its important to understand what youre up against. Federal conspiracy charges are not filed in state or local courts but in federal court. Law enforcement agencies including the DEA and FBI play an active role in prosecuting these charges in conjunction with district attorneys.
While charges can be brought down on individuals involved in a wide range of criminal activities, conspiracy charges are often one among many such charges. Such crimes can be defined rather broadly making it harder to defend against a conspiracy charge. Suppose youve been charged with conspiracy, your attorney must review all the evidence presented and determine what role the prosecution believes each individual played, which is not an easy task.
What does Federal Conspiracy mean?
Conspiracy refers jointly and privately executing an illegal act together by two or more people or agreeing to do so. In order for prosecutors to achieve a conviction under this charge, they must have sufficient evidence that two or more people agreed beforehand to commit an offense, and at least one individual committed some act towards furthering the specific goal of this agreement.
There neednt be any documentation evidencing such an agreement between parties. The prosecution only requires proof that they conspired together to commit a crime. This can prove incredibly challenging as law enforcement could track communications across various devices from texts to emails and build cases out of virtually any conversation thread between parties suspected of conspiring.
Federal Statute outlining Conspiracy Charges – 18 U.S.C 371
The general rule under section 18 U.S.C 371 criminalizes conspiracies towards defrauding the US government or violating federal law wherein:
– At least two individuals plan with one another to commit federal crimes
– At least one party takes an action in furtherance of this illegal objective
Other Federal Statutes outlining Conspiracy Charges
Beyond Section 18 U.S.C 371, there are other laws against conspiracies in the USA:
– Section 21 U.S.C 846: Illegal to Conspire to distribute or manufacture Controlled Substances.
– Section 18 U.S.C 1951: Its illegal to conspire for committing robbery.
Even though each of these specific laws has requirements a defendant must meet, it remains possible for prosecution charges under these statutes to be proven. Previous court cases have set notable precedents that could prove helpful in aspects of the offense under review. For instance, judges have ruled that multiple people can conspire together without ever having met one another physical interacting as long as they were helping an overarching conspiracy succeed.
Conspiracy Charges and Abuse by the Government
Some may argue that given how broad conspiracy is defined by law, government abuses may take place. Individuals may receive extreme sentences for relatively minor roles played in a criminal activity involving conspiracy. Under current law provisions, someone purchasing a mask for an intended robbery could lead to their prosecution and conviction under conspiracy charges even if the crime was never committed.
All parties involved bear equal responsibility when it comes to power struggles among those charged with offenses committed jointly; it often leads to innocent people being unfairly treated through lengthy incarceration periods despite playing no essential role within this entire affair. Common in drug-related situations; where minor participation puts individuals on par with major operators’ liability for heavy penalties or time spent behind bars.
Defense Attorneys Fighting Conspiracy Charges
If youre facing federal conspiracy charges, you need an experienced defense attorney who can provide adequate legal counsel regarding your cases peculiarities. A federal criminal law firm will begin investigations into all evidence related to your proceedings and work towards finding fair resolution options suited specifically towards your situation.
Lawyers specializing in federal crimes realize how complicated such scenarios can be because the statutes guiding these decisions remain open-ended legally speaking regardless of how technically simple they are deemed at face value are. Its incredibly easy for prosecutors to bring down conspiracy charges in different scenarios, but only seasoned lawyers can analyze prosecution presented evidence with full accuracy and at a reasonable pace.
Facing federal criminal charges? Let our New Jersey partners provide specialized federal crime defense services.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS