Virginia Beach Conspiracy Prosecution 

A Virginia Beach conspiracy prosecution can be difficult. Conspiracy is an extra charge that is related to the underlying crimes. Prosecutors may offer to drop a conspiracy charge in exchange for a guilty plea to the underlying crime. It is a harmless move for them because conspiracy charges do not have much of an impact on the sentence, especially if the person is charged with something serious.

Conspiracy charges carry points and those points could make the difference between no jail time and a prison sentence. Part of the reason prosecutors do not necessarily want to prosecute a conspiracy charge is that conspiracy charges are extra work. When there is a jury trial, the prosecutor must explain all of the elements of a conspiracy and make that clear to lay people who may not necessarily have the same familiarity with them as a judge. Often, the prosecutor loses the jury when trying to explain a conspiracy charge. So if they can work something out where they do not have to argue conspiracy, they do that. Consult with an experienced conspiracy lawyer for more on prosecution processes.

Examples of Conspiracy Charges

One example is a drug case where people work together to distribute drugs and one person buys drugs from another to sell them to other people. The person who initially sold the drugs knows what the person intends to do with them. They are not buying drugs for personal use but to sell to others. Both individuals can be charged with conspiracy to distribute illegal substances. A person can be charged and also convicted of conspiracy and the underlying offense in Virginia.

Proving Prosecution

The prosecution must prove that there was an agreement between two or more parties to commit an illegal act in Virginia Beach to prove a conspiracy case. The prosecution must show intent. A person cannot have an accidental conspiracy. In Virginia, the prosecutor does not need to prove an overt act. However, an overt act is a way that the Commonwealth can show that this was intentional and was not just two people talking. For example, two or more people are talking about committing a robbery and buy ski masks and guns afterward. The authorities do not necessarily have to show that they made an overt act. They could use that to show intent.

Evidence for Proof

The prosecution Virginia Beach conspiracy case uses the following evidence to prove the elements: the persons’ presence, whether they are together, or at a crime scene. They use the persons’ statements made outside and away from law enforcement or statements made to the police. They show that the two took action together or separately in furtherance of the conspiracy. The legal term is “in furtherance of the conspiracy.”

Written Agreements

The prosecution does not need to show a written agreement. It is rare that there is a written agreement. Most criminals are smart enough to not take notes on a criminal conspiracy so that is not something the police expect to find. If they have a written agreement, they use it, but it is not what they look for.

Taps in a Prosecution

In some situations, a court can convince a judge of the necessity to listen in on the phone calls of people they believe are committing crimes. They can listen to the phone calls and piece together information in a Virginia Beach conspiracy prosecution. In some of those situations, statements can be used in furtherance to show that two people were working together in a conspiracy. However, they have to get permission from the court to do any sort of wiretap.

Hiring a Virginia Beach Conspiracy Lawyer

A person wants an attorney who is experienced in the underlying crime because that is the source of the issue. A person charged in a drug conspiracy case needs an attorney with experience handling drug cases. They want an attorney who is confident, able to listen, and will work with them to understand the situation and identify how the Commonwealth plans on establishing a conspiracy.