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Why Prosecutors Love Conspiracies

It is a well known fact among certain circles that prosecutors love to charge individuals with "conspiracy to commit ____." While it may seem like just another crime to the ordinary person, conspiracy gives a prosecutor a large quantity of freedom in pursuing their charges. Also, conspiracies allow a prosecutor to take down a number of people in one shot, giving him or her a better conviction record all at once.

Conspiracy is, quite possibly, the easiest crime to understand. Criminal liability attaches to an individual not when a crime is committed but when two or more people agree to commit a crime. A crime does not actually have to be committed in order to charge individuals with conspiracy, only the agreement is truly necessary. This means that the crime itself is entering into an agreement, not actually doing something to harm someone.

Prosecutors are huge fans of this charge because it is their darling. One of the reasons this is true is that it has very generous liability rules. Part of this generous liability is the Pinkerton Rule. The Pinkerton Rule makes a conspirator liable for any of the reasonably foreseeable acts of his or her co-conspirators that are done in furtherance of the conspiracy. This rule means that even if an individual is already in jail or not present for the crimes or any acts that are committed in furtherance of the conspiracy, a person can still be found criminally liable for them because they were part of the conspiracy agreement that had already taken place.

Another benefit for conspiracy is that the evidence rules are more lax. Things that would be considered hearsay evidence can be determined to be admissible.

Contact an Austin Criminal Defense Lawyer

If you have been accused or charged with a crime and are in need of a criminal defense lawyer, contact Austin criminal defense lawyer Ian Inglis at (512) 472-1950.


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