An experienced and reliable legal defense team is a must when charged with a drug crime in New York State. This can mean the difference between an acquittal or years in jail. This is because the prosecution has virtually unlimited resources to devote to finding a guilty verdict, often times with multiple additional charges. New York drug conspiracy charges are often bundled with other related drug crimes, like sales and distribution. With years of experience, the Kushner Law Group is here to protect your rights. Call us now for a free consultation at (718) 504-1440.
What the Prosecution has to Prove
New York drug conspiracy charges are usually charged alongside other drug charges like sales. In order for the prosecution to prove that a defendant is guilty of a drug conspiracy charge, they must prove that a conspiracy existed. The prosecution must prove that:
1. That there was an agreement between two or more individuals to work in concert to sell illegal narcotics
2. That the defendant agreed and took part in the agreement
3. That the defendant committed one overt act in furtherance of the conspiracy’s goals. The overt act does not have to be an illegal or narcotics related act to prove this element. The act just needs to help further the goals of the drug conspiracy.
It’s important that once the prosecution proves that a drug conspiracy exists, each member of the conspiracy is liable for the actions and behavior of the other members. But remember that the prosecution must prove that the overall goal of the conspiracy was to promote the transactions and sale of drugs.
It’s also important to know that Federal laws provides the prosecution the ability to bring charges against alleged conspirators even if they did not go forward with committing the crime. So a defendant in this situation could face the same penalties as those who actually committed the crime even though they did not go forward with their criminal plan. This is because drug conspiracy laws do not have a requirement of an overt act to be found guilty. This is why those charged with drug conspiracies need a knowledgable and experienced New York criminal defense lawyer.
Drug Conspiracy Investigations
Drug conspiracy investigations often times utilize a variety of sophisticated investigative techniques; all of which are focused on gathering as much evidence needed to prove the existence of a conspiracy and that the defendant is part of said conspiracy. The prosecution can use wire taps, grand jury investigations, subpoenas and other electronic and non-electronic surveillance techniques to discover this evidence.
By using these methods, the prosecution may be able to show that a defendant was part of a drug conspiracy by demonstrating that the defendant knowing committed an overt act in furtherance of the conspiracy’s goals. For example, the prosecution could show that the defendant committed an overt act by knowingly providing a space where illegal drugs were sold or knowingly hiding the profits of drug sales in bank accounts.
Michael Kushner and the Kushner Law Group have spent years protecting the rights of their clients from pre-indictment to acquittals. By representing clients in both New York State and the Federal Courts, the Kushner Law Group has garnered a reputation reserved for the highly experienced and respected law firms. Call the Kushner Law Group now for a free consultation at (718) 504-1440.
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