While some may say that a drug conspiracy charge is a drug deal gone bad, technically, a conspiracy is a mutual understanding to accomplish some common criminal objective, or to work together for a common criminal purpose. In other words, if you agree with one or more people to commit some crime (or a series of crimes), you are one of the "co-conspirators." In a Wisconsin Circuit Court (state court), this is often charged as a "Party to A Crime." These are closely related concepts, except the latter is more broad - to prove that you are a party to a crime requires the prosecutor to show that you assisted someone in committing a crime, not that you necessarily were an active full fledged participant.
conspiracy is a separate crime
Conspiracy is a crime separate and apart from the intended crime and, as such, is charged as a separate crime.
Proving The Crime of Drug Conspiracy
When the state of Wisconsin charges a conspiracy crime, the prosecuting attorney must prove the 3 elements of the crime listed below.
That you were a member of a conspiracy to commit a crime. Note that the crime for which you are accused of conspiring to commit will also be charged.
That the underlying drug crime was committed in "furtherance of the conspiracy.
That, under the circumstances, the crime you are charged with was a natural and probable consequence of the crime you intended to commit.
Member of a conspiracy to commit a crime
The state prosecuting attorney must prove that you were a member of a conspiracy. That may seem difficult, particularly if you believe you were not, but a mere conversation between two people can become evidence at a trial. However, your mere presence at a meeting that discusses a drug deal is not enough, in and of itself, to implicate you as a co-conspirator. At the same time, members to a conspiracy need not have a formal agreement, nor even an express agreement. In fact, the co-conspirators need not have ever met or even know one another.
furthered the conspiracy
Under Wisconsin law, a person charged with conspiracy must be shown to have done some "overt act" to further the conspiracy. However, under federal law, such is not the case.
resulting crime Connected to intended crime
The prosecuting attorney must also show that the resulting crime would be a natural consequence of the intended crime.
Criminal Liability for all acts of the conspiracy
If you are found to be a member of a conspiracy to commit a crime, and that crime was committed by any member of that conspiracy, then you, and all other members of the conspiracy, are guilty of that crime. You can also be held criminally liable for any other resulting crimes committed by any member of the conspiracy even if those crimes were not the intended crime.
So, if you and your friends were planning a drug deal with some people you had not even met (such as a supplier), and one of those people committed a murder, you will be held responsible, as a member of the conspiracy, for all acts done in maintaining the conspiracy. However, if you had friends who were running a drug operation, and you were at their meetings, or present when deals were being made, you are not liable merely by being present - you must actually become a member.
Federal Conspiracy Charges
Conspiracy is used far more often at the federal level resulting in a federal conspiracy charge, and in fact, multiples of conspiracy charges can be brought - one for each conspiracy. Under federal law, the federal prosecuting attorney need not show that any "overt act" was taken to further the conspiracy. Rather, in federal drug cases, the federal prosecuting attorney only need show that you were a member of a conspiracy, and that you had the intent to advance and maintain the conspiracy.
Conspiracy Penalties
The crime of "conspiracy" is a separate offense charged as conspiracy. The penalties involved would be whatever the underlying offense is - typically, possession with intent to distribute. The real problem with a conspiracy charge, particularly in Federal court, is the liability you face for all the drugs that the conspiracy handled, whether or not you knew about it all, or were only involved in a small portion. If there were 5 or more kilograms of cocaine involved, you would be facing a mandatory minimum sentence of 10 years. Even for just 500 grams of cocaine, a mandatory minimum sentence is 5 years in prison. At the federal level, those penalties double for a second and subsequent offense.
You could get some relief from these drastic sentences if you chose to become a government witness, and give them "substantial assistance" in their investigation. In other words — you become a snitch.
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
