While the criminal charge of conspiracy is often associated with large organized crime operations, many people are surprised to hear that it is commonly charged in Middlesex County based on much smaller operations or much simpler circumstances. However, the charge's reputation for severe penalties remains accurate, no matter how big or small the incident in question.
Anyone facing charges of conspiracy in connection with drug offenses should fully understand the implications of their charges and their best options for defending against them. If you elect to work with an experienced Middlesex County drug conspiracy lawyer, your dedicated legal advocate could fight to protect your rights, uncover vital evidence, and devise an effective defensive strategy based on your unique situation.
How Conspiracy is Defined in Middlesex CountyAlthough conspiracy is often charged in connection with offenses involving controlled substances, the state of New Jersey does not recognize a specific drug conspiracy law. Instead, the general definition of criminal conspiracy is applied to situations involving illegal drug activity.
New Jersey Statutes §2C:5-2 defines conspiracy as an act that occurs when two or more people agree that one or more of their group will engage in criminal conduct or attempt to engage in criminal conduct. Under the definition, agreeing to help in the planning or commission of the crime is sufficient for an individual to be considered guilty of conspiracy.
In fact, the statute is worded in such a way that when someone simply agrees that another person will commit a criminal act, the person who agreed that the crime should be committed can be considered guilty of conspiracy even if that person has no intention of undertaking any criminal act.
Conspiracy is All About PlanningGenerally, in order to be convicted of drug conspiracy, an individual must have taken some action in specific furtherance of the subject of the conspiracy. This requirement is referred to as the "overt act." However, N.J. Stat. §2C:5-2(d) explains that where the conspiracy involves drug distribution or possession with intent to distribute drugs, then such an overt action is not necessary for a finding of conspiracy.
It is important to realize that the crime of conspiracy is committed when people make plans to commit a crime. Even if that planned crime never occurs, the people involved may still be found guilty of conspiracy to commit that crime. A Middlesex County drug conspiracy lawyer could help an individual challenge the charges they have been accused of.
Statutory Defense Against Drug Conspiracy ChargesIn addition to other defenses that can be raised in a criminal drug conspiracy case, the statute itself provides what is known as an affirmative defense called renunciation of purpose.
Essentially, this defense enables someone who has participated in a conspiracy to avoid conviction if they have taken steps to stop the planned criminal act from taking place. The statute specifies that the individual arguing in favor of renunciation must tell authorities about the conspiracy and take action themselves to prevent the crime from occurring.
It can be daunting to be charged with being part of a criminal conspiracy, but seasoned drug conspiracy lawyers in Middlesex County know that there are numerous defenses that could be raised depending on the circumstances of an individual case.
How a Middlesex County Drug Conspiracy Attorney Could HelpIn many instances, conspiracy to commit a crime can be punished in a manner just as severe as the crime you allegedly conspired to commit. So, it could be crucial to ensure that essential evidence is uncovered, preserved and presented in the proper light.
A Middlesex County drug conspiracy lawyer could manage the evidence in your case to build a solid defense and pursue an optimal result. If you are facing drug conspiracy charges, call how to learn how a drug conspiracy attorney could assist you.