Criminal Defense Lawyers

Fighting Criminal Conspiracy Charges Based on Circumstantial Evidence

Fighting Criminal Conspiracy Charges Based on Circumstantial Evidence

Being charged with criminal conspiracy can be scary. Unlike many crimes, conspiracy doesn’t require proof that you actually committed a criminal act–only that you agreed with someone else to commit a crime. That means prosecutors can go after you even if the planned crime never happened.The key to any conspiracy charge is the agreement. Without evidence of an agreement, there’s no conspiracy. But direct evidence of an agreement can be hard to come by. That’s why prosecutors often rely on circumstantial evidence to prove conspiracy charges. As a defendant, that puts you in a tough spot. How do you fight back when the evidence against you is circumstantial?Here are some strategies that may help:

Attack the Credibility of Co-Conspirators

If the prosecution is relying on testimony from alleged co-conspirators, focus on undermining their credibility. Point out any incentives they may have to lie, like getting a reduced sentence. Highlight inconsistencies in their statements. And emphasize any character flaws that could make them less believable, like a history of dishonesty or mental illness. The more doubt you can raise about their truthfulness, the harder it will be for the prosecution to prove an agreement existed.

Challenge the Narrative

Often the prosecution will try to weave all the circumstantial evidence together into a compelling narrative. But there may be holes or logical leaps in their theory. Identify those weaknesses and offer alternative explanations for the evidence that point away from conspiracy. For example, if you and an alleged co-conspirator were seen meeting at a restaurant, argue it was just a friendly meal, not a criminal plot. The more cracks you can poke in their story, the better.

Dispute the Meaning of Coded Language

Prosecutors often claim that recorded conversations contain coded language about illegal activity. But coded language is open to interpretation. Argue that the conversations, while vague, don’t specifically refer to criminal acts when looked at in context. Offer reasonable alternative meanings for suspicious phrases. The burden is on the prosecution to prove beyond a reasonable doubt that coded words were discussing crimes. Don’t let them simply assert it.

Challenge Circumstantial Evidence as Ambiguous

Point out that most circumstantial evidence is ambiguous. Just because you were in the same place as an alleged co-conspirator or made lots of calls to them doesn’t necessarily mean you were conspiring. Highlight this ambiguity and argue the evidence is too vague to prove conspiracy beyond a reasonable doubt. There are often reasonable explanations for circumstantial evidence that have nothing to do with a criminal plot.

Argue Your Conduct Was Innocent

One defense strategy is to admit you did the acts alleged, but argue your actions were innocent. For example, if you’re accused of buying supplies for a terror plot, contend you were just shopping for camping gear. Claim you loaned money to an alleged co-conspirator as a friendly favor, not to fund criminal activity. Portray your conduct as harmless to undercut the prosecution’s theory of conspiracy.

Attack the Investigation

Look for ways the investigation may have been sloppy or biased. Did police fail to pursue leads that pointed away from conspiracy? Did they have tunnel vision focused on you? Were informants improperly pressured? By showing flaws in the investigation itself, you can raise doubts about the strength of the evidence and conclusions drawn from it.

Highlight a Lack of Direct Evidence

Emphasize to the jury the lack of any direct evidence–no confession, no documents explicitly laying out a criminal agreement. Point out that the prosecution’s case rests entirely on circumstantial evidence open to interpretation. Drive home that they have no smoking gun proving conspiracy beyond a reasonable doubt. The absence of direct evidence is a key weakness to exploit.

Introduce Evidence of Your Good Character

Bring forth evidence about your reputation, past deeds, and values that make it seem unlikely you would ever agree to commit a crime. The prosecution’s circumstantial case may paint a misleading picture. Your history of integrity and law-abiding behavior can contradict that. Seeing you as an upstanding citizen makes the conspiracy allegations less believable.

Use Jury Instructions to Your Advantage

Request jury instructions that emphasize the prosecution’s burden and the strict standard of reasonable doubt. Also seek instructions about viewing circumstantial evidence with caution and considering alternate reasonable interpretations. Tailored jury instructions can help prevent circumstantial evidence from seeming stronger than it really is.Fighting conspiracy charges based on circumstantial evidence is an uphill battle, but not impossible. The key is undermining the ambiguous circumstantial evidence while offering alternative innocent explanations. It only takes one juror having reasonable doubt about the alleged agreement to defeat the charges. With persistence and creativity, even a circumstantial case can be overcome.

The Importance of an Experienced Criminal Defense Attorney

If you’re facing criminal conspiracy charges, having an experienced defense lawyer on your side can make all the difference. Here’s why:

• They understand conspiracy law inside and out. Conspiracy law is complex, with tricky concepts like “overt acts” and “Pinkerton liability.” An experienced lawyer will understand the nuances and how to apply them to your defense.
• They’ve fought these charges before. An experienced conspiracy defense lawyer will have seen the prosecution’s strategies and tactics firsthand. They can predict what evidence and arguments are likely coming.
• They know how to challenge circumstantial evidence. Seasoned lawyers understand all the ways circumstantial evidence can be picked apart and undermined. Their expertise can expose the flaws and inconsistencies.
• They can argue persuasively to the jury. Presenting a compelling defense requires the advocacy skills to tell a persuasive story and connect with jurors on an emotional level. An experienced lawyer knows how to do this effectively.
• They have resources to draw on. Top defense lawyers have access to investigators, forensic experts, and other resources to help build your defense and rebut the prosecution’s evidence.
• They understand the judges and prosecutors. Local defense attorneys who regularly practice in the courthouse know the personalities and tendencies of the judges and prosecutors. This insider knowledge helps them navigate your case.
• They can negotiate aggressively. Experienced lawyers have the skills to negotiate with prosecutors aggressively, fighting for dismissal of charges or reduced penalties. Their track record earns them negotiating credibility.

The stakes are high in a criminal conspiracy case, with lengthy prison sentences on the line. Having the right defense lawyer–one with extensive conspiracy trial experience–can make the difference between prison and freedom.

Common Legal Defenses in Conspiracy Cases

Beyond challenging the circumstantial evidence in a criminal conspiracy case, there are several legal defenses that may also apply:

Withdrawal From the Conspiracy

If you can show you withdrew from the alleged conspiracy before any crime was committed, you may have a complete defense to the charges. Requirements for effectively withdrawing include:

• Notifying co-conspirators of your withdrawal
• Not taking any further action to promote the conspiracy
• Making efforts to prevent the conspiracy from succeeding

Statute of Limitations Expired

There is a 5-year federal statute of limitations for conspiracy charges. If the alleged conspiracy took place more than 5 years before the indictment, the charges may be prohibited. However, complicated rules can extend the limitations period.

Entrapment

If you can show government agents induced you to join a conspiracy you were not otherwise inclined to join, you may have an entrapment defense. This requires proving lack of predisposition to commit the crime.

Lack of Overt Acts

Conspiracy charges require that at least one co-conspirator commit an “overt act” in furtherance of the plot. If the prosecution can’t prove any overt acts were taken, the conspiracy charges fail.

First Amendment Protections

The First Amendment freedom of association may protect membership in certain organizations from being used as evidence of conspiracy. There must be evidence of specific intent to further illegal goals.

Misjoinder

If the prosecution has “misjoined” multiple defendants who weren’t actually part of the same conspiracy, then the conspiracy case could be dismissed.

Sentencing Considerations in Conspiracy Cases

If convicted of conspiracy, here are some factors that may help reduce your sentence:

• Minimal criminal history
• Minor role in the conspiracy
• Withdrawing from the conspiracy before major crimes committed
• Acceptance of responsibility and cooperation
• Exceptional good works and character references

And here are factors that may hurt you at sentencing:

• Leader or organizer role in the conspiracy
• Recruitment of co-conspirators
• Major role in planning the intended crime
• Obstructing the investigation
• Prior criminal record
• Lack of remorse and refusal to accept responsibility

Because conspiracy sentences often rely heavily on judicial discretion, an experienced defense lawyer can highlight mitigating factors and help secure a more lenient sentence.

Talk to a Defense Lawyer Right Away if Charged with Conspiracy

Being indicted for conspiracy can make you feel powerless. But an experienced criminal defense attorney can empower you to fight back. Don’t wait to seek legal counsel. The earlier a lawyer gets involved, the better positioned you’ll be. A strong defense takes time to build. Let a seasoned legal advocate protect your rights, examine the prosecution’s case for weaknesses, and begin formulating the strongest defense strategy. With an experienced criminal lawyer on your side, you can stand up to conspiracy charges and work aggressively to achieve the best possible outcome.