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New Jersey – How Do Federal Conspiracy Charges Work?
How Do Federal Conspiracy Charges Work?
When facing a criminal prosecution, you may be charged with federal conspiracy crimes. Federal criminal charges are pursued in federal court rather than state or local courts. They are prosecuted by district attorneys, and the law enforcement agencies include federal agencies like the DEA and FBI. Conspiracy charges are often just one of many criminal charges used in a criminal proceeding.
Conspiracy can be broadly defined. Many different circumstances can lead to conduct that allows for a conspiracy charge. It’s difficult to defend against a conspiracy charge. The defendant’s attorney must investigate all of the evidence and the role that the government believes every involved individual played.
People may be charged with conspiracy to commit federal crimes if at least two people agree that they will commit a federal crime together. In addition to the agreement, at least one party involved in the conspiracy must act to push the conspiracy further.
Conspiracy charges do not need written evidence. The involved parties don’t need to have written a contract. As long as the prosecutor can provide proof that the parties did work together to commit a crime, they can achieve a conspiracy conviction.
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I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
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I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
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The federal statute that outlines conspiracy charges is 18 U.S.C. 371. In the statute, it is made criminal to conspire to defraud the US government and to conspire to violate any federal law. For an act to be a conspiracy, it needs to meet the following requirements:
At least two people plan together to commit a federal crime or to defraud the US government
At lest one of the involved parties works to commit the crime in question
This is the general definition of federal conspiracy. But there are also conspiracy provisions found within other federal statutes. Some of the specific details include:
You cannot conspire to distribute, manufacture, or intend to distribute a controlled substance
You cannot conspire to commit a robbery
There have been many different conspiracy charges argued and debunked. Significant precedent has been set for future cases. In the past, judges have ruled that people can conspire together even if they never interact or meet. All they need to know is that the other individual was furthering the conspiracy.
This type of situation occurs most often in conspiracies that involve tangled webs of many individuals. A central entity may coordinate other people without ever giving them information about who they’re working with. All of these people have legally conspired together despite not knowing each other.
Because of how broad the definition of “conspiracy” is, it is possible for the government to abuse the statute. People may be subject to absurd consequences for relatively minor actions. With how the law is written, a person could be prosecuted and convicted of conspiracy charges if they agreed to a bank robbery with another individual, and then bought a ski mask for the robbery. Even if the two individuals would never actually go through with the plan, doing those things is enough.
A huge consequence of conspiracy charges is that all the involved individuals are held equally responsible. In cases where one person masterminded the conspiracy and used others to do their bidding, the less-informed parties are subject to the same criminal charges.
This tends to happen commonly in cases involving drug conspiracies. If a person was involved in a drug-related conspiracy in some very minor way, they may be charged as though they were involved with all the drugs. Perhaps they only distributed some marijuana, but they’re being given minimum sentences for intending to distribute methamphetamines like the other people involved in the drug ring.
Defense Attorneys for Conspiracy Charges
If you’re facing a federal conspiracy charge, it’s vital that you have adequate legal counsel. An experienced federal defense attorney can examine the evidence and help you understand your path forward. They may be able to help you negotiate a plea deal or provide a solid defense should the case proceed to trial.
The laws about federal conspiracies are extremely complicated in part because they are so simple. Because of how open to interpretation the statutes are, prosecutors can bring conspiracy charges down on people in many different circumstances. People are most likely to face conspiracy charges when involved in white collar crime accusations or drug-related accusations.
Your defense attorney can take steps to defend you against the charges. They will analyze the evidence presented by the government. They may also need to dig deep to find the evidence and story that the prosecution is creating. The process takes a great deal of time, so it’s important to have an attorney who is dedicated to your case.
If you’re facing federal criminal charges, our law firm can help. Our New Jersey partners practice in federal criminal court.
