Albuquerque Federal Conspiracy Lawyers

An experienced Albuquerque federal conspiracy lawyer can help build your defense and offers you a better chance at a desirable sentence. The Harrison & Hart, LLC team could help you clear your name.

Contact our office for a confidential consultation and learn more about potential defense options. Call (505) 295-3261 or use our online contact form to get started.

What is Conspiracy?

Under United States Federal Code 18 USC 371, conspiracy is a criminal offense. It is against the law to conspire to commit a criminal act or conspire to defraud the United States government.

A conspiracy is an agreement between two or more people to engage in criminal activity of any kind. Even if the conspirators do not commit the crime in question, you could still face charges for conspiracy to commit the crime.

Some examples of conspiracies could include:

• Formulating a plan to rob a bank or convenience store
• Creating a plan to bring drugs across state lines
• Discussing an intent to commit murder
• Purchasing equipment needed to commit the crime in question

Some of the other types of charges you could be facing concerning federal conspiracy charges in Albuquerque include:

• Drug trafficking under 21 USC 846
• Defrauding the US government under 18 USC 286
• Kidnapping under 18 USC 1201
• Obtaining or delivering defense information to help foreign governments under 18 USC 794
• Sedition under 18 USC 2384
• Destroying a watercraft to defraud insurers under 18 USC 2271
• Interfering with or injuring a police officer under 18 USC 372

Elements of Conspiracy

To be convicted of conspiracy, the prosecutor must prove your guilt beyond a reasonable doubt. To do this, they will need to show that the elements of the conspiracy charge have been met as follows:

• Two or more people must be involved
• There must be intent to commit a crime
• There must be an agreement or plan to commit a crime in place
• The plan must defraud the US government or violate federal laws
• The involved parties must have taken action to ensure the crime was going to be committed

Penalties for Conspiracy Charges in the United States

Federal conspiracy charges bring harsh penalties. If you are convicted of conspiracy to commit a crime against the US or defraud the United States, you could spend up to five years in federal prison.

However, it is essential to note that the specific conspiracy charge you face will determine the penalties. Some conspiracy statutes specify a penalty, meaning you’ll be facing that particular penalty if you’re convicted. Other statutes apply the punishment of the crime you conspired to commit as if you’d committed that crime.

For example, if you were charged with conspiracy to commit drug trafficking, you could expect to face the same penalties that a drug trafficking conviction would carry if you were found guilty. If you are unsure of the extent of the penalties you are facing, make sure to discuss your concerns with your federal conspiracy lawyer in Albuquerque.

Legal Process of Conspiracy Charges

After you have been arrested on conspiracy charges, you may feel anxious about your future. Here is what you expect once you have been taken into police custody:

• Law enforcement will book you at a police station and obtain your information and attempt to ask you other questions. Do not answer police questions without an attorney. Exercise your right to remain silent and protect yourself from the risks of self-incrimination.
• After booking, you will head to arraignment. You’ll have the opportunity to enter your plea, and bail will be discussed. The judge will have the authority to set bail, release you on your own recognizance (ROR), or refuse bail. Your attorney can help you argue your right to bail and assist you in the pre-arraignment process so you can get home to your family.
• Once bail is established, it will be time for discovery. The state will be required to turn over all their evidence against you and plan to use it at trial. Your conspiracy attorney must also turn over any evidence you plan to use to support your case to the prosecutor.
• Before you head to trial, there may be a pretrial conference. This is an opportunity for your criminal defense lawyer to work with the prosecutor to obtain a plea agreement, try to enroll you in a pretrial diversion program, or challenge any evidence the prosecutor is hoping to use at trial against you.
• Next is your official trial date. Your case may be heard by a jury or a judge alone, depending on the specific circumstances of your case. The prosecutor and your attorney will have the opportunity to present evidence to support their case and refute the other party’s evidence through cross-examination. Once the judge or jury has heard all the evidence, they will deliberate before deciding as to whether you should be found guilty or not of the conspiracy charges against you.

Potential Defenses against Conspiracy

Some potential defenses to challenge your conspiracy charges include:

• Arguing that there was no agreement to commit a crime – The prosecutor will need to prove that there was an agreement to commit a crime or defraud the government. If your attorney can show you were not involved and there was no plan or agreement to commit a criminal offense, you could be acquitted of the charges against you.
• Arguing that you did not take action to further the commission of a crime – The conspiracy statute requires conspirators to have made efforts to move forward with the conspiracy in question. If one of the alleged co-conspirators purchased a firearm as part of a plan to commit a burglary, your attorney could take action to show that you did not take similar steps to further the alleged conspiracy in your case.
• Arguing that you were previously involved in the conspiracy but withdrew – Effectively withdrawing from a conspiracy to commit a crime is a valid defense. However, to prove this, you must have notified co-conspirators that you were withdrawing from the conspiracy and/or have taken affirmative steps to abandon the plan. This might include notifying your attorney or contacting law enforcement officials.

These are only a few defenses that could be used to challenge conspiracy charges. Your conspiracy attorney will analyze the circumstances of your case to determine how to best approach your defense.

In some instances, you could avoid the impact of a criminal trial by entering into a plea agreement or pretrial diversion program. Find out what legal options are available to you when you contact your attorney for a confidential consultation.

Get Help with Your Conspiracy Charges from Harrison & Hart, LLC

The consequences of a conspiracy conviction could land you in prison for the foreseeable future. You need an experienced and aggressive Albuquerque federal conspiracy lawyer advocating for your liberties.

The Harrison & Hart, LLC team is ready to review your case to build a defense against federal conspiracy charges. You can fill out our secure contact form or call our office at (505) 295-3261 to schedule your defense strategy session as soon as today.