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Conspiring Alone?
Anonymous7 views4 answers
Conspiracy takes atleast to people in an agreement,how does a single person get charged w conspiracy??? Alledged co-conspirators will be charged later,never??
Conspiracy requires the prosecution to prove the following, a) there was an agreement between at least 2 people to perform an illegal act, and, b) that you were aware of the agreement, and, c) willfully joined the agreement (it's not necessary that they prove you knew all of the alleged co-conspirators), and, d) at common law, performed some act in furtherance of the conspiracy (in statutory drug conspiracies the requirement of an "act in furtherance" is dispensed with). If the prosecution can prove those elements, you are criminally responsible for all the acts of your co-conspirators which were reasonably foreseeable and done within the scope of the conspiracy.
As a practical matter, It boils down to them being able to prove that there was a conspiracy and you were part of it. So yes they can convict you of conspiracy without ever convicting a co-conspirator or even indicting one. Indictments often use language such as "did conspire with others known and unknown to the Grand Jury". That is how a single person gets charged with conspiracy.
Just because the government has to prove an agreement between two or more people doesn't mean all conspirators must be charged.
If you have been charged you need the assistance of an experienced Virginia criminal defense attorney.
Best of luck.
Phoenix Shannon Michele Ayotte HarrisFederal Crime LawyerAlexandria, VA ·
In fact, there is some terrible law that says that if one of the co conspirators was an undercover agent, who never intended to go through with the conspiracy, and therefore there wasn't legally a meeting of the minds, you can still be charged with conspiracy or attempted conspiracy!
Robert Stuart HahnPersonal Injury LawyerHarrisonburg, VA ·
I agree with the previous answers that have been given. If you have not been charged you might want to retain counsel as soon as possible to assist you through the pre-charge stage. Sometimes this can help eliminate the charge being brought.. I wish you the best of luck.