A conspiracy charge in Maryland can often come with serious consequences. Conspiracy cases are unique in the fact that the act conspired does not need to have been carried out for the individual to be charged. If you are facing a conspiracy charge, it is important that you do not face the prosecution alone. An experienced lawyer will be able to build a strong Maryland federal conspiracy defense to assist in reducing or dismissing any charges you are facing.
Possible Defenses
There are many kinds of Maryland federal conspiracy defenses that an attorney may employ in a case. One is that there was no intent to carry out the crime, although there was an agreement to do so. Second is that the people involved were not agreeing to engage in it. Very frequently, the person accused could be charged with any related or derivative crimes that arise out of the conspiracy, even if they are only agreeing to a small part. That, in and of itself, could negate the conspiracy. This conviction can change the approach and the level of intensity the prosecution has, as well as what potential resolution is offered. It is always more efficient to try to narrow down what the individual’s involvement was as opposed to the entirety of what they were charged with.
Failure to Follow Through
If an individual decides to not follow through with the act to which they had agreed to during the conspiracy, it makes no difference. The conspiracy is the act and the agreement to carry out. What takes place after that conspiracy is agreed to does not necessarily matter. If the individual withdrew from the conspiracy and the other individual or individuals followed through with the agreed upon act, the person that left cannot be charged as an accomplice to the crime itself but can still be charged with conspiracy. After an agreement has been made, it cannot be undone.
Sometimes, an individual may not know about the entirety of the planned act, but only a small part of it. Depending on the nature of the situation, an individual can still be prosecuted. However, it does change how they are going to be prosecuted, what they may be offered, or how they may be treated. An attorney can build a proper Maryland federal conspiracy defense to help minimize an individual’s charges.
Gathering Evidence
An attorney will gather all of the evidence that they can in order to create a Maryland federal conspiracy defense. If there are any wire taps or other surveillance, a lawyer will make sure that they were properly obtained. Further, an attorney will ask questions such as:
- Were there proper warrants involved?
- Was the information obtained what it purports to be?
- Is there other evidence involved that could be seen to undermine what the prosecutor is trying to prove?
- Was intent involved?
For any evidence, reports, surveillance, and communications, an attorney will find all evidence available and make sure it is legitimate and admissible. A lawyer will evaluate the case based upon what evidence they have, and try to undermine what they are trying to prove with what may be missing, and what is not as credible as they believe it to be. An attorney is looking for anything that would question whether the state could prove beyond a reasonable doubt the intent, the agreement, the parties involved, and the scope of the crime.
