The state of Texas has recently experienced a surge of conspiracy charges – charges that have created shockwaves within the state’s legal system. 

For example, in July 2023, 22 people pled guilty for their roles in transporting sizable quantities of marijuana for Cartel del Noreste (CDN). Throughout the course of the criminal investigation, authorities seized just over 17 tons of marijuana valued at about $16.5 million.

In Texas, police can arrest you for conspiracy if they believe you’ve committed a felony offense with another party. To prove their case, the state’s prosecutor must show that you performed an overt act in furtherance of the agreement. To make the indictment stick, then, the state must couple the conspiracy charge with another crime. 

Whenever you see the phrase “conspiracy to commit” in a charge, you know that it involves criminal conspiracy. Criminal conspiracy is found under Title 4 “Inchoate Offenses, Chapter 15 “Preparatory Offenses” in the state’s penal code.

These are serious allegations, so always contact a criminal defense lawyer in Austin immediately. 

How the Law Defines Conspiracy

More specifically, Penal Code Section  §15.02 states that conspiracy happens when:

• An individual agrees with one or more persons to engage in a criminal offense, and
• The offenders and/or one or more of the other parties perform an overt act to further the agreement.

An overt act is an act that a prosecutor can clearly show by the evidence they submit and from which criminal intent is inferred. This contrasts with the mere intent to commit an offense.

Therefore, you can be charged with criminal conspiracy if the prosecutor shows that the elements, as mentioned above, exist. Even if an agreement was formed by inference, you can be charged with the crime.

You can also get charged and convicted if the party to the conspiracy agreement is found not guilty or acquitted of the charge. Again, this also applies if the offense wasn’t actually committed.

That’s why you need to speak to a federal conspiracy lawyer immediately. They can assist you in understanding the law and the possible consequences of your crime. Whether you’re under investigation now or have been arrested, speak to legal counsel ASAP.

A lawyer can explain possible defense strategies for your case. Also, it is important to note that a conspiracy charge can be declared separately from the commission of another crime. That is why you can face a conspiracy charge even if you did not carry out the planned criminal activity.

The law acknowledges the dangers posed when people collaborate together to commit a crime. Therefore, conspiracy legislation is designed to deter and punish the behavior.

Common Charges for Conspiracy in Texas

Common charges related to conspiracy include drug trafficking, money laundering, and organized crime activities. Again, law enforcement agencies and the judicial system take these charges seriously as they involve coordinated efforts to violate laws and undermine state stability and security. 

Prosecutors in Texas actively pursue cases of conspiracy using legal tools and strategies to ensure that those responsible for these criminal acts are held accountable. 

It is, therefore, critical for individuals to be aware of the penalties associated with these charges. In addition to fines, offenders may face prison sentences that could span several decades. The severity of the punishment is influenced by factors such as the extent of the conspiracy, the defendant’s role in the crime, and previous criminal history.

If you’re found guilty of defrauding the U.S. government or receive a conspiracy verdict, you can spend up to five years in prison or pay a fine of up to $250,000. Organizations may have to pay a fine of up to $500,000.

Getting Legal Representation: Why It’s Necessary

Once more, it’s vital to get a lawyer’s help to protect your rights when you’re charged with conspiracy. Your lawyer can demonstrate weaknesses in the prosecution’s case by reviewing the evidence and gaining a better understanding of the charges that have been leveled against you.

A lawyer will meticulously review each detail to identify any loopholes in the prosecutor’s arguments. They’ll also work tirelessly to undermine the other side’s case by questioning witness credibility or challenging any unlawful actions that took place during an investigation.

In some cases, your attorney may seek to plea bargain your case, which can lead to reduced charges or more lenient sentencing. 

That’s why you should use the services of an established lawyer – one who is familiar with the local court system and can help you gain a favorable outcome.

Final Thoughts

If you find yourself confronting conspiracy charges in Texas, you’ll need to enlist the help of a knowledgeable attorney – someone who can advocate for your defense and safeguard your rights at the same time. 

By getting legal representation, you can work towards a positive resolution – a resolution that can bring positive results in an otherwise negative situation.

Contact the Law Office of David D. White, PLLC, to Speak with an Austin Criminal Defense Lawyer

Get the legal assistance you require right now. Contact the Law Office of David D. White, PLLC. Find out more about your rights and plan a defense strategy specifically for your case. Arrange a no-obligation consultation today.