Conspiracy to Possess a Controlled Dangerous Substance (“CDS”)

Conspiracy to Possess CDS – What You Need to Know

Conspiracy charges are no joke – they can lead to some pretty serious consequences if you’re found guilty. Let’s break down what “conspiracy to possess CDS” means and what you’re looking at if charged.

What is “Conspiracy to Possess CDS”?

CDS stands for “controlled dangerous substance”. This includes illegal drugs like cocaine, heroin, meth, etc. Conspiracy means you planned with someone else to commit a crime, in this case, to possess CDS. You don’t need to actually have the drugs to be charged with conspiracy. Just planning it with another person is enough.

Conspiracy charges are tricky. Prosecutors don’t need much evidence to prove it – just showing you talked with someone about getting drugs can be enough. Even if you never followed through, just the planning is the conspiracy crime.

How Do They Prove Conspiracy Charges?

Prosecutors will use records of communication like texts, emails, phone calls to show you talked with someone about buying or selling drugs. They’ll claim this planning proves conspiracy even if you never got the drugs.

They’ll also use testimony from informants who may have worked with police. An informant claiming you planned to possess drugs together is difficult to refute.

Overall, conspiracy to possess CDS charges rely heavily on circumstantial evidence. There doesn’t need to be hard proof you possessed drugs, just that you talked about doing it.

What Are the Penalties if Convicted?

In New Jersey, conspiracy to possess CDS is a second-degree crime if the substance is marijuana or hashish. This carries 5-10 years in prison.

For other CDS substances like cocaine, heroin, etc. it’s a third-degree crime with 3-5 years prison time.

Fines up to $150,000 can also be imposed. And a criminal record that affects jobs, housing, and more. Basically, conspiracy convictions can really mess up your life.

What Defenses Can I Raise Against the Charges?

Some common defenses against conspiracy charges include:

• You Didn’t Actually Conspire: Argue there was no real agreement between you and the other person to obtain drugs. Just discussing it hypothetically isn’t enough.
• Entrapment: Claim police manipulated you into committing a crime you wouldn’t have otherwise. This is hard to prove, but may apply if an informant pressured you aggressively.
• Misidentification: Argue you aren’t the person who conspired in the communications presented. Someone else used your phone or accounts.
• You Withdrew Before Acting: In some cases, withdrawing from the conspiracy before taking action can be a defense. But you have to show you took concrete steps to withdraw.

These defenses all aim to convince the jury there was no actual conspiracy crime committed. But they can be hard to establish against the prosecution’s circumstantial evidence.

What Should I Do if Charged with Conspiracy?

First – don’t panic. Conspiracy charges sound really serious but can sometimes be fought, especially if the evidence is weak.

Do not speak with police if questioned. Invoke your right to remain silent and get a criminal defense lawyer immediately. An experienced attorney may see defenses you don’t and negotiate reduced charges or dismissal.

While awaiting trial, continue working if possible and do not get into any more legal trouble. Additional charges will only make your situation worse.

Basically, fight the conspiracy charges strategically with a lawyer’s help. These cases rely heavily on circumstantial evidence that a skilled attorney may be able to rebut. Don’t just plead guilty – make the prosecution have to prove their case.

The Bottom Line

Conspiracy charges should always be taken seriously, even if you never possessed any actual drugs. The penalties can be severe and the prosecution doesn’t need hard evidence.

But with an experienced criminal defense lawyer’s help, you may be able to avoid the worst outcomes. Don’t panic, invoke your rights when questioned, and let your lawyer handle the strategic defense. There are options besides pleading guilty.

Hopefully this gives you a better understanding of what conspiracy to possess CDS means and what you can do to respond if charged. Let me know if you have any other questions!