Understanding the Colorado Crime of Conspiracy 18-2-201 – Conspiracy And Colorado Drug Crime Cases

By H. Michael Steinberg – Colorado Drug Crimes Criminal Defense Lawyer

Understanding the Colorado Crime of Conspiracy 18-2-201 means taking apart the Colorado law section by section. If you are charged with conspiracy it may seem to be a very frightening but the crime itself is understandable and is often added to every Colorado drug crime case where there are two or more partcipants.

What Follows Is A Section by Section Detailed Analysis Of The Colorado Crime of Conspiracy 18-2-201

HMS – Section 1 – Defines exactly what a conspiracy is.. note that a conspiracy is actually just an agreement to act or further an act – or goal of a conspiracy.

18-2-201 (1) Conspiracy

(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.

HMS – Sections 2- 3 and 4 – Define the requirement of an OVERT ACT by someone who has taken part in the conspiracy and that the conspirators need not know the identity of other members of the conspiracy.

18-2-201 (2), (3), (4) Conspiracy

(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.

HMS – 18-2-204 – This Next Statute addresses the end or termination of a conspiracy…including the critical importance of the concept of abandonment of a conspiracy – or where the person involved in the conspiracy withdraws before it is too late.

18-2-204 (1), (2) Conspiracy

(1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.

(2) Abandonment is presumed if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.

HMS – Section 3 of 18-2-204 gives the actual method of terminating or abandoning a conspiracy and the all important TIMING of that withdrawal.

18-2-204 (3) Conspiracy

(3 )If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he gives timely notice to those with whom he conspired of his abandonment and the notice is evidenced by circumstances corroborating the giving of the same, or he informs the law enforcement authorities, having jurisdiction, of the existence of the conspiracy and of his participation therein.

HMS – Section (1) (a and b) – This very important section sets up the law that permits law enforcement to create and set up the STING Operation – it is not material to the criminal liability of the conspirator that he or she is mistaken about who a party to the conspiracy – i could be a confidential informant or an undercover police officer….

18-2-205 (1) (a) (b) Conspiracy

(1) It is immaterial to the liability of a person who conspires with another to commit a crime that:

(a) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of the crime, if he believes that one of them does; or

(b) The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.

The Colorado Crime of Conspiracy 18-2-201

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author  – A Denver Colorado Drug Crimes Criminal Defense Lawyer  – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about the Colorado Crime of Conspiracy 18-2-201, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

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Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,.. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …The Colorado Crime of Conspiracy 18-2-201.