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A conspiracy to commit a federal crime happens whenever there is an agreement to commit a specific federal crime between two or more people, and at least one of those people makes some overt act to further the conspiracy.  In establishing a drug conspiracy, the government only has to prove two basic elements. First, the government must prove that there was an agreement between two or more people to violate a federal drug law. Second, it must be shown that each alleged conspirator knew of the unlawful agreement and joined in it.

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What if four ppl are indicted on the same charge but one of the charged didn't have any contact or knowledge of any activity that was being done during the months of the investigation? Didn't know two of the others charged and hadn't spoken to the third one in over two years? How would they come up with conspricay then? 

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Anyone who has any type of agreement/knowledge connection to others who have the intent to commit drug law violations, whether or not the accused ever participated in the act, can be charged. The broad reach of conspiracy laws can allow charges and convictions to be levied upon persons who did not even know each other.

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Hi @brettaustin1819

 

Welcome to the community and thanks for posting! To prove the crime of possession with the intent to distribute, the feds have to prove both that the defendants possessed drugs, and had the intent to distribute the drugs. As LegalWriter mentioned, conspiracy is when two or more people agree to commit a certain crime, and then take some action towards completion (the crime need not be fully completed for the feds to bring conspiracy charges).

 

So, if one defendant had no contact with the others, did not agree to commit a crime, and did to take any action towards completion, the feds may have trouble convicting that defendant. These facts can be used by the defendant in his defense.

 

The defendant should work with his public defender, or, he can click here for a free consultation and case evaluation with a criminal defense attorney.

 

Let us know if you have additional questions!

The FindLaw.com Team

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