With many criminal charges, you must carry out the actual criminal act in order to be arrested and charged. Driving under the influence is illegal, for example, but simply talking to someone about your plan to drive while intoxicated later in the night is not grounds for an arrest. Until you actually do it, the police will not be involved.
However, with conspiracy charges, things are a bit different. You don’t necessarily have to complete the entire conspiracy to be arrested. It only takes one concrete step toward completing that conspiracy, as long as you’re working with at least one other person, for you to be charged.
The conspiracy itself is illegal
The difference is that a criminal conspiracy to break the law is illegal on its own. This is why you can be charged even if you’re only moving toward that illegal act – without committing it yet.
For instance, perhaps you’ve been accused of a conspiracy to commit drug trafficking. You’re not manufacturing the drugs or using them. Instead, you’re simply planning to pick them up in a van, drive them to another location and sell them to a buyer in another state.
If the two of you discuss your plans and then you go out and rent the van you’re going to use, you could already be arrested for criminal conspiracy. Renting the van isn’t illegal, and you haven’t actually picked up, transported or sold the drugs. But since you took a concrete step toward accomplishing that goal – and the two of you had clearly discussed your plans – you have already satisfied the requirements for a conspiracy.
These types of criminal cases can be very complicated, so take the time to learn about your defense options.
