Experienced Maryland criminal defense attorneys deeply understand that criminal conspiracy charges are some of the most dangerous that can be pressed by prosecutors. There are several reasons for this. First, the charge itself is vague and can be proven in a number of different ways. Second, beyond allegedly entering the agreement, no other actions are necessary for the prosecution to obtain a conviction. Third, given that a conspiracy involves more than one party to the alleged conspiracy, prosecutors have multiple targets for plea bargain negotiations where one alleged conspirator gives testimony against another alleged co-conspirator in exchange for immunity. Conspiracy charges tend to involve organized crime, drug-related activity, and financial fraud and crimes. If you are being charged with conspiracy, call the Maryland Conspiracy Defense Attorneys at the Law Office of Robert Castro. Call us at (301) 870-1200. We are available around the clock, 24/7, and have offices in Waldorf, Maryland.

Conspiracy Crimes in Maryland

Very generally, the crime of conspiracy has these elements that must be proven by the Maryland prosecutors:

• Two or more people
• With intent
• Make or enter into an agreement
• To commit a crime which can be a criminal act, or to achieve something lawful by the use of criminal or unlawful means

Note that in Maryland, conspiracy is a crime all by itself and can be charged even if the object of the conspiracy is never accomplished and even if there was no effort made to accomplish the object of the conspiracy. In other words, in Maryland, there is NO “overt act” element that must be proven by the prosecutors. In other States and under federal law, to secure a conviction, there must be proof of some “overt act” by one of the co-conspirators, even a “minor” overt act (and any overt act by one co-conspirator can be used to convict any of the other co-conspirators).

In terms of punishment, if convicted, the person charged faces fines and incarceration equivalent to the sentencing allowed for the crime that is the object of the conspiracy. Md. Crim. Code § 1-202 (“The punishment of a person who is convicted of conspiracy may not exceed the maximum punishment for the crime that the person conspired to commit.”)

In terms of defenses, the most common Maryland criminal defenses used relate to various parts of the purported “agreement.” These can go to the intent element as when the evidence shows that the person charged did not enter the agreement because of some mistake or accident. Various possibilities include showing that the defendant did not know he or she was agreeing to anything, that the defendant thought he or she was agreeing to something different, etc. Duress, lack of capacity, and fraud in the formation of the agreement are other possibilities depending on the facts. Many of these defenses go to various requirements for the forming of a contract in non-criminal circumstances. There may be other defenses in your case, so contact us for a consultation.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.