An Overview of Drug Conspiracy Explained

An Overview of Drug Conspiracy Explained

Aug 24

Given the strict laws surrounding the selling and manufacture of illegal drugs, it would take more than one individual to become successful with committing a drug crime. Drug conspiracy is the agreement between two or more people to commit a drug crime. Possession, distribution, and trafficking of controlled substances is a Federal crime. It involves large amounts of drugs and not just simple possession. The charge for drug conspiracy is harsh and may include a mandatory minimum of 10 years.

Aside from being a Federal crime, the suspects can also be prosecuted at the state level. According to the website of the Nashville criminal lawyers at Horst Law, law enforcement authorities only need to prove that there was conspiracy between two or more parties to commit a drug crime. Proving drug conspiracy is based upon the Pinkerton vs US rule. The ruling states that a conspirator can be held liable for any and all acts committed by co-conspirators. The government prosecutor will only need to convict one of the conspirators for the other parties to be charged as well.

Due to the broad reach of drug conspiracy laws, it is possible to convict persons who do not know each other. Prosecutors can charge several people with the same crime. In some instances, the accused parties can even be charged twice for similar offense with the double jeopardy protection. Even if they simply discussed committing a drug crime, they can still be charged even if they did not take part in the action.

Federal penalties for drug conspiracy are stiff but just like white collar conspiracy offenses. Section 371 of the United States Code places the penalty for conspiracy crimes at $250,000 for individuals and $500,000 for organizations. Aside from the penalty, the conspirators could serve a prison term of up to five years. The penalty can increase in connection with other4 crimes aside from drug offenses. Federal drug crimes can also result to seizure and forfeiture of property even if there was no conviction of a crime.