It is possible to face arrest for a criminal act that you simply planned to carry out. Merely taking part in a conspiracy to commit a crime—even a crime that never occurs—is also against the law. This offense can have serious consequences, which makes it vital that you seek out a dedicated defense attorney as soon as possible.
A Junction City conspiracy lawyer could evaluate the allegations against you and help you build your defense. Get in touch with a criminal attorney today to learn more.
Understanding the Charge of Conspiracy
The offense of conspiracy is governed by Kansas Statute § 21-5302. Under the statute, it is illegal to enter into an agreement with another individual to commit a crime. The statute makes it clear that a criminal conviction requires more than just an agreement. There must also be an overt act that is made in furtherance of the conspiracy. This could include anything from buying supplies to preparing an escape route. The important thing about an overt act is that it would not be a criminal act in and of itself.
It is also worth noting that while a conspiracy requires more than one person, it is possible for one person to be convicted if they were the only party that had the intent to move forward with the conspiracy. As long as the defendant believed the coconspirators were planning to move forward, this could be considered conspiracy under the law.
Making a case for conspiracy can be difficult for the state, as it requires them to establish that the defendant took steps toward committing the crime in question. A skilled Junction City attorney could work to gather evidence that proves that the defendant did not commit an overt act in furtherance of the alleged offense.
Defenses to Conspiracy in Junction City
There are viable defenses to every criminal charge, and conspiracy is no exception. With the help of an experienced attorney, it could be possible to evaluate to facts of a conspiracy arrest and build a strong defense.
One of the most prominent defenses to these charges is written directly into the statute. Under Kansas Statute § 21-5302, abandoning a conspiracy is an absolute defense. It is necessary for that person to not only withdraw from the conspiracy but also inform the other members that they have done so.
Another viable defense is the lack of evidence. It can be difficult for the state to make its case, given that it must prove the defendant’s intent. When overtly criminal acts have not yet occurred, it could be difficult to base a prosecution off of a single agreement.
There could also be a defense based on a constitutional violation. The police must have a warrant or probable cause to search a person’s home or vehicle. If an illegal search results in evidence of a conspiracy, it could be possible to have that evidence suppressed at trial. A dedicated attorney in Junction City could help an individual understand their potential defense options given the facts of their conspiracy case.
Call a Junction City Conspiracy Attorney Right Away
If you are facing charges of conspiracy, you have the right to a defense. It is crucial to work with an attorney who has experience defending these cases. Let a Junction City conspiracy lawyer help you pursue justice and avoid a conviction. Call right away to discuss your options.