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The Crime of Conspiracy

A conspiracy is an agreement between two or more individuals to break the law at some point in the not so distant future. In some jurisdictions, it is required that the parties who have formed the agreement have done some overt act in furtherance of their agreement. While many conspiracies are small, there is no limit on the number of individuals who can be charged with participating in the conspiracy.

The United States has adopted a rule on conspiracy that is somewhat broad. Here, a conspiracy is an agreement of two or more people to commit a crime or to accomplish a legal end through illegal actions. As an example of committing a crime to accomplish a legal end, agreeing to hold up a liquor store in an effort to take funds to give to a charity does not make holding up a liquor store legal, despite the fact that giving money to charity is not only legal but encouraged.

There is a misconception that in order for a conspiracy to be a conspiracy, it must have been planned in secret. While many of this type of crime are planned in secret, out of necessity, there are many conspiracies formed not in secret. Depending on the conspiracy, the level of secrecy required varies. Obviously, individuals planning a major event will use more secrecy than those that have conspired to turn stop signs upside down.

As for intent, the rules of conspiracy do not require that the prosecution show any specific intent by the named defendants to injure any specific person to establish that there was an illegal agreement in place. Instead of specific intent, the law usually only requires that the conspirators agree to engage in a certain illegal act. The intent for this crime is generally referred to as a "general intent" to violate the law.

Prosecutors in general like charging individuals and groups with conspiracy. They like it because, unlike accomplice liability, they don't have to prove the particular role of a specific conspirator. The person is guilty of the conspiracy because he or she entered into an agreement to commit some illegal act. For example, if two people decide to enter into an agreement to kill a third person, and this agreement can be proven, and the third person is actually killed, as a result of either conspirator, the prosecutor doesn't have to prove with specificity which of the conspirators pulled the trigger when the crime was committed. If the prosecutor had to prove who actually pulled the trigger, and both conspirators had handled the gun and left fingerprints, then both conspirators could demand an acquittal since the prosecutor would be unable to prove, beyond a reasonable doubt, which conspirator pulled the trigger and which one merely checked the clip.

To be convicted of a conspiracy, a prosecutor must prove that a) the conspirators actually conspired to commit a crime and that b) the crime was committed by an individual involved in the conspiracy.

Austin criminal defense attorney Ian Inglis is dedicated to giving each of his clients an opportunity to show that they are indeed innocent of whatever charges levied against them.

Joseph Devine

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Jail Release

If you have been arrested for a DWI or any other kind of arrest, you might be in need of a jail release lawyer. There are many details getting out of jail that you need to be aware of so that you can get yourself out as soon as possible.

There are a lot of stressful portions of getting out of jail that you need to make sure you are aware of. Jail-release is defined as, with the help of a lawyer, going through the court process to get yourself out of jail on some type of bond.

The first part of the whole procedure is the arrest. When you are arrested, the officer will then take you into booking. During booking you will photographed as well as fingerprinted to get your information in the system. You will then be put into a holding cell to await your bail hearing. Once you have been to your bail hearing, the judge will decide on a bail amount depending on what the offense was and all of your past record. This is the point where a lawyer would be very helpful. An Austin jail release lawyer can walk you through all of the hearing process and help you to get out of jail as quickly as possible.

If you are a first time offender with no prior arrests or anything of that nature, the court is more likely to be lenient on you because of your past. There are three different types of bail bonds that you can look at to help get you out of jail once the court as issued you a bail amount. This can be a hard process to handle if you don't have a lawyer to help you through the process and get you out of jail.

Anyone who is arrested and put in to jail is going to be in need of a lawyer to get out of jail. Getting out of jail can be a huge relief once you get through the process. The three types of bonds are personal bonds, bail bonds, and cash bonds. Personal bonds are the only type of jail release that doesn't involve any type of money. Personal bonds are usually for people with a minor offense and clean record who will give their word to the court to come back and appear at their trial hearing. Jail release lawyers can help you to decide on which bond will be the best one for your situation.

For more information, contact the Austin Jail Release Lawyers of Morales and Navarrete at http://www.austinjailreleaselawyer.com/

Joseph Devine

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