Frequently Asked Questions
What Two Forms of Criminal Conspiracy Exist?
The way in which prosecutors choose to portray organized crime as either a “hub-and-spoke conspiracy” or a “chain conspiracy” can significantly impact the parties accused of taking part in such criminal activities. It is therefore an essential legal procedure for those being held accountable.
Participating in a hub-and-spoke conspiracy will bring you one step closer to exoneration, whereas being part of a chain conspiracy may leave you implicated. That’s because, with the former, your acts can be viewed as distinct from those who were involved with other illicit activities – even if they are connected via another participant. On the contrary, all members of an illegal chain regardless of their relationship or lack thereof with each other are held accountable for their wrongdoing.
What Are The Defenses Of Criminal Conspiracy Charges?
Proving conspiracy charges in Nevada can be an arduous task for prosecutors, particularly when there is no tangible evidence of any arrangement. Here are three defenses against such allegations:
- There was no agreement. It is not illegal to be aware of or discuss an agreement to commit a crime. If the District Attorney cannot prove that an individual was part of an actual pact with intent to break the law, criminal conspiracy charges should not hold up in court.
- The agreement was lawful. Agreements remain legally binding unless they consist of any criminal activity. When there is not enough proof that the defendant consented to break the law, it would be in the court’s best interest to dismiss any conspiracy charges filed against them.
- The evidence is inadmissible. If a criminal conspiracy attorney in Las Vegas is able to persuasively argue that the police found evidence through an unlawful search and seizure, they can file a motion to suppress such evidence. Should the court grant this request, it may leave prosecutors with insufficient proof against their defendant and force them to drop all charges.
Not only is it not a conspiracy if the defendant’s co-conspirator was an undercover police officer, but if law enforcement enticed them into making an agreement they would not have otherwise made on their own, then the District Attorney should dismiss any potential case. There are many nuances to these types of charges which is why it’s so important to have an experienced Las Vegas criminal conspiracy lawyer in your corner to help you build the best possible defense.
Evidence was insufficient to sustain defendant’s conviction for conspiracy to rob a victim where, although defendant and his coconspirators agreed to enter the store to commit a larceny, the testimony at trial failed to prove the existence of a separate and distinct agreement between the three men to rob a specific victim in the store. They did not know of the victim when they entered the store, and there was insufficient evidence to establish an agreement to rob that man once in the store. Garcia v. State, 121 Nev. 327, 113 P.3d 836, 121 Nev. Adv. Rep. 33, 2005 Nev. LEXIS 36 (Nev. 2005), dismissed, 132 Nev. 970, 2016 Nev. Unpub. LEXIS 115 (Nev. 2016).
Are Solicitation and Conspiracy the Same Offense in Nevada?
The crimes of solicitation and conspiracy are distinct. When a person is solicited, they are asked to do something unlawful on the requester’s behalf while conspirators collaborate together towards committing an offense jointly. A key distinction between these two offenses comes from Nevada law; in court cases prosecuted federally, it is necessary for prosecutors to demonstrate that both individuals have actively participated in the criminal enterprise as well as been involved with one another’s actions.
- The defendant made an agreement to commit a crime with at least one other person, and
- The defendant carried out the agreement.
A person can be prosecuted for conspiracy even if they do not actively contribute to the intended crime – mere agreement to breach the law is sufficient. Therefore, state-level charges are easier to prove than federal ones, since a defendant’s overt actions need not be unrevealed. As such, conviction rates of these offenses tend to be high – making it imperative that one consults with an experienced Las Vegas criminal conspiracy attorney before facing trial.
What Crimes Are Similar To Criminal Conspiracy?
Conspiracy may be conflated with solicitation or attempt, though only one person is charged in these instances. Additionally, the following conditions must also be met:
- Solicitation – Encouraging or offering something of value in exchange for someone to commit a crime or unlawful act is considered bribery.
- Attempt – To be convicted of a crime, an individual must have the intention to commit it and take active steps beyond mere preparation or planning.
What Are The Consequences Of Criminal Conspiracy Charges?
1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or (b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.
3. Whenever two or more persons conspire: (a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law; (b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime; (c) Falsely to institute or maintain any action or proceeding; (d) To cheat or defraud another out of any property by unlawful or fraudulent means; (e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof; (f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or (g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
each person is guilty of a gross misdemeanor.
Is Time A Factor In Criminal Conspiracy Cases?
Evidence of the date or dates of the alleged offenses are essential in order to apprise the defendant of the facts surrounding the alleged events, and the absence of such evidence is fatal to an indictment charging the crime of conspiracy to swindle pursuant to this section. Grant v. Sheriff, Clark County, 95 Nev. 211, 591 P.2d 1145, 1979 Nev. LEXIS 567 (Nev. 1979).
Contact Our Las Vegas Criminal Conspiracy Attorney Today
If you’re facing federal or state conspiracy charges in Nevada, it is essential to have a knowledgeable and steadfast Las Vegas criminal conspiracy attorney willing to fight for your rights. Chandon Alexander of the Spartacus Law Firm understands the laws and courts in Clark County as well as how to investigate evidence thoroughly. He can create an effective plan tailored specifically for you that provides the best possible legal defense. Don’t let a conviction affect your future; get the experienced representation you need. Contact our office today for a free consultation and to learn more about how we can help.