Conspiracy and Drug Crimes, Passenger In Drug Dealer’s Vehicle Was Charged With Conspiracy In Macomb County

2007-NEW-SPRING-PICTURES035 Michigan criminal law attorneys know that you can be charged with conspiracy because of your close relationship with another person or persons involved. Conspiracy involves the mutual agreement or understanding, express or implied, between two or more persons to commit a criminal act or a legal act by unlawful means. Proof of the overt act in furtherance of the conspiracy is not necessary.

A two-fold specific intent is required for conspiracy; the intent to combine with others and the intent to accomplish unlawful objectives.

Since conspiracy is complete upon formation of the agreement, subsequent withdrawal is not a defense.

Furthermore, a conspiracy does not automatically end when the object of the conspiracy becomes impossible to achieve, even when the conspirators are unaware that the government has intervened and “defeated” the conspiracy’s object. Impossibility does not terminate conspiracy because the essence of the conspiracy is an agreement to commit an unlawful act and such agreements are by themselves dangerous, even where no substantive crime ensues. US v Recio, 537 US 270; 122 SCt 819; 154 LEd2d 744 (2003).

A passenger in a vehicle with a drug dealer or persons that reside with him may be charged as conspirators even though they are not actively involved in criminal activity.

Our law firm represented the girlfriend of a drug dealer in Macomb County. She was a passenger in the vehicle that her boyfriend was driving while he had a large quantity of cocaine. The vehicle was under surveillance and the police observed it stop at various locations in the City of Eastpointe. A traffic stop ensued and the police found a quantity of cocaine under the passenger seat near my client. There was no question in my mind that she was at the wrong place at the wrong time. However, there was enough evidence for the prosecutor to charge her as a co-conspirator (possession with intent to deliver cocaine) under the theory that she assisted him and was acting as a look out person. The case was dismissed after preliminary examination when the prosecutor could not establish a solid conspiracy case.


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