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conspiracy theory

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bpoole

Guest
What is the name of your state?TEXAS. I have recently learned that my fiance and I have been named in a local paper as being indicted on
Federal charges of conspiracy to distribute methamphetamine and marijuana. Out of 14 people, 12 were picked up and are being held with no bond. what exactly happens when you are charged with these charges and how can they be brought about? why haven't we been picked up yet. this happened 3 weeks ago? If there is anybody that can give me some general information regarding the laws of conspiracy and any advice on what to do next. especially if we are innocent of these allegations? :( :eek: ;) :confused:
 


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bpoole

Guest
I just need to know how one can be brought up on conspiracy charges. what do they have to have in order to bring someone up on these charges. yes, i am stupid and ignorant on this stuff because I have never had to deal with anything like this. I just need to know some more about it. can anybody help me. :confused:
 

CdwJava

Senior Member
From the TX Penal Code:

§ 15.02. CRIMINAL CONSPIRACY.

(a) A person commits criminal conspiracy if, with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and​
(2) he or one or more of them performs an overt act in pursuance of the agreement.​

(b) An agreement constituting a conspiracy may be inferred from acts of the parties.

(c) It is no defense to prosecution for criminal conspiracy that:

(1) one or more of the coconspirators is not criminally responsible for the object offense;​

(2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;​

(3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;​

(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or​

(5) the object offense was actually committed.​

(d) An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor.


Hope that helps.

Carl
 

rmet4nzkx

Senior Member
Carl gave you the Tx statute for state law, however the federal statutes would be found in the USC
Here is a link with some general and case law, I would suggest you do a search using the terms you mention, there has been a crack down in Texas. Usually there is an investigation, a grand jury examines the evidence and testimony and issues inditements, at some point a trial is held.... There are a lot of plea bargins, sometimes the persons with the greater involvement point fingers at those with lesser and you can guess the result, if your name is published in the newspaper you need to get an attorney ASAP just because you haven't been charged yet doesn't mean that you won't.
The Courts, the DEA, and Drugs, Group of Federal Circuit Court ... the searches detailed above, a federal grand jury returned a ... defendants' alleged MDA operation, including: conspiracy [FN13] (Count ... in violation of 21 USC s 846 ...http://www.onlinepot.org/legal/caselawdea.htm

Without more information it is hard to point you in the right direction at the same time I understand why you don't want to say anything so you will have to search on your own.
 
B

bpoole

Guest
thanks :) Any information is better than none at all. I still am confused as to how we are being charged with this. :( But I do appreciate you trying to clear things up a little bit. :D
 

CdwJava

Senior Member
Oops ... missed the part about it being a federal charge. I guess I still haven't had enough coffee today!

However, I have often found that the media in particular has a tendency to overstate some things and very often refers to charges as being "federal", when in reality they are state charges ... it happens here when there are multi-agency task forces that contain feds.

Carl
 

Shay-Pari'e

Senior Member
bpoole
Junior Member Join Date: Jul 2004
Posts: 4

Have the conspiracy laws changed in the past year?

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What is the name of your state?Texas

I was recently told that I have been brought up on Federal Indictment for conspiracy to mfg controlled substance, and conspiracy to mfg narcotics. Also said in the paper that there was conspiracy to dist. marj. & controlled substance. What is the difference in the narcotics and controlled substance? And if there was a group of people on this indictment and someone in the group when getting arrested had a shotgun in his house, does that mean that everybody who has been indicted will get charged with the gun too?

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He missed a little info.
 

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