Colorado Criminal Law – Understanding the Charge of Conspiracy in Drug Crime Cases
… by Colorado Criminal Defense Drug Conspiracy Defense Attorney – H. Michael Steinberg
Conspiracy – under Colorado law – is an inchoate or so called “incomplete” crime.
Here is the Law – in Colorado charging Conspiracy is a common method to proceed against alleged drug dealers. This charge is complex and should be well understood by your Colorado Criminal Defense Lawyer.
(1) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.
(2) No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired.
(3) If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit a crime with the other person or persons, whether or not he knows their identity.
(4) If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode.
(4.5) Conspiracy to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of violence for the purposes of that section.
(5) If a person conspires to commit a felony which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, he is guilty of a class 6 felony. If a person conspires to commit a misdemeanor which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, he is guilty of a class 3 misdemeanor.
What is a Colorado Conspiracy Crime?
Conspiracy cases are defined as cases in which two or more persons agree to commit a crime or to perpetrate an illegal act. The end may be legal, but the planned means are illegal. For example, two persons making a plan to steal bread from a supermarket (illegal) to donate to a local food bank (legal) would be guilty of conspiracy.
Drug conspiracy charges are a favorite tool of the federal government in today’s era of the “war on drugs.” Prosecutors regularly allege the existence of drug-dealing or drug-manufacturing organizations when they encounter groups of illicit drug users and dealers in the same geographical area, such as in the same house or on the same street corner.
If you have been named as a co-conspirator in a drug bust in Colorado or in a neighboring state, you may be targeted for a serious prosecution. Your case may involve illegal drugs such as heroin, methamphetamines (“meth”), cocaine or marijuana, or it may involve illegal dealing in prescription drugs such as OxyContin or oxycodone.
Be Careful in Plea Bargaining “Co-Conspirators” in Colorado
A major problem with trumped-up drug conspiracy charges is that each member of an alleged group of drug dealers can be held responsible for actions of their supposed co-conspirators. This can force some individuals into the position of entering plea bargains, whereby they give information on other “members” for the sake of saving their own skin, and often times they exaggerate other’s roles in the conspiracy or outright lie to help themselves.
Regardless of what your position is in an alleged drug conspiracy case, it is critical for you to have experienced legal counsel on your side before you make any statements or agreements. Talk to a career criminal defense lawyer who represents clients in federal felony cases to explore your best options.
Conspiracy Law in Colorado is Both Complex – and Simple
Criminal conspiracy is when two or more people agree to commit a crime. This crime is used to charge multiple people planning or doing illegal activities. Conspiracy is different because you can be charged with the actual crime and the conspiracy to commit it. For example, if you plan with others to kill someone, you can be charged with murder and conspiracy to commit murder.
In a so called “wheel and hub” conspiracy – the DA proves that this is a single conspiracy rather than multiple conspiracies. It is not necessary to prove that each conspirator knew every other conspirator so long as an overall plan with a common object is shown
The unlawful agreement is the gist of the crime of conspiracy
The relationship between coconspirators is part and parcel of the first element of conspiracy, which involves an agreement, combination, or confederation between two or more persons.
The essential elements of conspiracy are:
(1) An agreement;
(2) a common design between two or more persons;
(3) an unlawful purpose to be accomplished, which purpose amounts to a crime in Colorado.
To constitute the crime of conspiracy there must be a combination of two or more persons, the existence of an unlawful purpose to be accomplished, which in Colorado must amount to a crime, and a real agreement, combination, or confederation with a common design; mere passive cognizance of the crime to be committed or mere negative acquiescence is not sufficient
To establish conspiracy there need only be circumstantial evidence that indicates that the conspirators, by their acts, pursued the same objective, with a view toward attainment of the same objective.
Denver Colorado Drug Trafficking and Possession Lawyer
H. Michael Steinberg thrives on the opportunity to use his trial skills and knowledge in defense of people accused of drug conspiracy and other felony charges at the federal level. He has defended felony defendants in state and federal courts across the state of Colorado
The penalties for a drug crime such as drug possession are very steep in Colorado, as all drug-related offenses are treated very seriously by prosecutors and criminal courts. These penalties can include probation, mandatory drug treatment programs, property forfeiture, and prison time. If you are facing drug crime charges, it is crucial you contact a Colorado criminal attorney who can provide you with a strong chance of an outcome to your case that is beneficial to you.
H. Michael understands the nature of the evidence that the prosecutor will attempt to use against you. Call now to protect your future.
Colorado Drug Crime Lawyers – Contact H. Michael Steinberg regarding any felony or misdemeanor drug offense case, including charges of manufacturing, possession or trafficking.