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- posted: Jun. 06, 2023
- Criminal Defense
If you have been charged with a drug-related crime and other individuals were involved, even tangentially, it is possible that prosecutors will attempt to bring a conspiracy charge against you. Conspiracy charges are almost always prosecuted at the federal level, and they are powerful tools in the hands of drug crime prosecutors, so it is important to know what defenses are available to you.
Conspiracy is a type of criminal charge that can be brought where there is evidence that two or more people worked together to commit a crime. An individual charged with conspiracy doesn’t have to have engaged in the actual criminal act itself, like selling or distributing drugs, as long as a prosecutor can establish that the defendant was part of the conspiracy to commit that criminal act. A conspiracy occurs when a person agrees with another that one of them will engage in conduct that constitutes a criminal act, or attempt to engage in such conduct, or a person agrees to aid another in the commission, or attempted commission, of a crime. Under Colorado state law, an individual charged with conspiracy must also have committed an “overt act” in furtherance of the conspiracy. Federal drug laws do not require an overt act.
There are key defenses that can be used to fight back against federal conspiracy charges, including the following:
- Anyone charged with conspiracy must actually have had the intent to conspire and agreed to the conspiracy. This means that if you were part of a conversation that you did not understand or a bystander to an agreement that you did not actually participate in, this can be a defense to conspiracy.
- If the evidence of any agreement to conspire is weak, a defendant may also be able to argue that there was no agreement at all and that they never participated in any discussion about the commission of a crime, or aiding and abetting in a crime.
- If the techniques used to obtain evidence of a conspiracy involved an illegal search or seizure, or entrapment by law enforcement, this may also be a basis to keep such evidence out of criminal proceedings and a defense to any charges.
If you are facing a possible charge of controlled substance conspiracy, you should consult with a Colorado criminal defense attorney as quickly as possible to determine what defenses may be available to you and how best to respond.
At the Polansky Law Firm, our criminal attorneys understand how conspiracy charges are used by prosecutors when investigating controlled substances cases and are available to help you quickly evaluate possible defenses to any conspiracy charges you may face. If you have questions about any claims you were involved in a conspiracy, please call our Boulder office at 303-415-2583 or contact us online anytime.
