When we make plans and do not follow through with them, some may question whether we even intended to keep these plans in the first place. However, when the situation involves drugs, an accused offender could face charges even if they do not follow through with the plan. By conspiring with another person to commit a drug crime, a person could face charges as if he or she had actually committed the crime. Thus, when a person is accused of being involved in a drug conspiracy, it is important to treat the charges seriously by considering what defense options they might have.
In general, conspiracy exists when two or more people agree to commit an illegal act. This applies to almost any unlawful act a person could commit. Then, a person must take some form of action towards the completion of the supposed act. People should note that the action taken does not need to be a crime itself. The act only needs to indicate that those involved in the conspiracy had knowledge of the plan and they intended to break the law. It is possible to be charged with both the conspiracy to commit the crime as well as the underlying crime itself. This is based on the crime, the circumstance surrounding it and whether or not the crime was completed.
When looking at a drug conspiracy charge, this crime must meet the two major elements of conspiracy. The first is that an agreement must exist. In order for there to be an agreement, there must be at least two people involved. The agreement does not need to be expressly conveyed, as agreement to the plan could be implicitly shown by the actions of two or more guilty minds working together. People should note that mere presence or association does not make a person a co-conspirator unless facts and evidence show otherwise.
The second element is intent. This means that not only must a person agree to the plan to commit the crime, he or she must have the intent to complete it. Mere knowledge of the crime or the plan at hand is not enough. The evidence must prove that the accused intended that the crime be completed.
Conspiracy charges can be complex. Those accused of a drug conspiracy might be overwhelmed with the evidence and accusations against them. However, it is important to understand that there are ways to fight these allegations. By initiating a criminal defense, defendants can work towards reduced or dismissed charges.
