Conspiracy is a serious criminal charge in Birmingham and in all other jurisdictions across the country. A conspiracy charge is usually brought in connection with some underlying criminal charge, most commonly burglary, robbery, or theft. If you have been charged with conspiracy, it is essential that you contact Birmingham conspiracy attorney as soon as possible, so that you have legal representation throughout your entire case.
In Michigan, as in other states, a defendant can be charged with conspiracy even they did not play a direct role in the underlying crime. For example, the defendant may have discussed committing the crime with another individual, but did not actually take part in committing the crime. If a defendant is convicted of conspiracy, they receive the same penalty as if convicted of the underlying crime.
By the same token, if a defendant is convicted of conspiracy to commit a misdemeanor, they could be sentenced to a jail term of up to one year, a fine, or both making it important that a defense attorney is contacted as soon as possible.
Burden of ProofAs with any crime in Michigan, the State has the burden of proof beyond a reasonable doubt, or a doubt based upon ordinary reason and common sense. If they fail to meet the burden of proof, the defendant may not be convicted of the crime with which they have been charged.
When a defendant has been charged with conspiracy, prosecutors must prove, beyond a reasonable doubt, that the defendant knowingly, willingly, and voluntarily conspired with one or more individuals to commit a criminal act (i.e. the underlying crime).
In addition, the State must prove, beyond a reasonable doubt, that at least one co-conspirator took overt action in furtherance of the underlying crime. If they are unable to prove one or both elements, the defendant may not be convicted of conspiracy.
What to do Following a Conspiracy ChargeIf someone has been charged with conspiracy or any other crime in Birmingham, they should never speak with the police or agree to take part in any criminal investigation without first contacting an experienced Birmingham conspiracy lawyer. Police officers and other investigators are trained to be aggressive and coercive in their interrogation tactics.
Any statements that someone makes during a police investigation could be used against them later. Therefore, it is essential that they exercise their right to speak with an attorney prior to speaking with the police or criminal investigators, or making a statement.
Contacting an AttorneyIf you have been charged with conspiracy in Birmingham, it is essential that you have an experienced Birmingham conspiracy attorney in your corner at every step of the way. Conspiracy is a complex area of Michigan law, and there are many nuances and legal defenses available.
A lawyer can review all the facts and circumstances of your individual case, recognize the weaknesses in the State’s case, and raise the applicable and appropriate legal defenses.
In conspiracy cases, as in other criminal cases, it is common for prosecutors to try and reach a plea deal or plea bargain with the charged defendant.
You should always speak with an experienced Birmingham conspiracy lawyer before agreeing to any plea deal with a State’s Attorney or prosecutor. Your attorney may be able to work out a better plea deal or have your charges dropped altogether.