However, Stokes argued that there was insufficient evidence to establish intent to distribute the marijuana. In this case, the overt act was Stokes driving the passenger to pick up the marijuana. The second element of conspiracy is that an overt act must be committed in furtherance of the agreement. This satisfied the first element of conspiracy. At the police station, Stokes admitted that he agreed to drive the passenger to pick up the marijuana in exchange for the cocaine. In addition, there were two large bags of marijuana on the passenger. Crack cocaine was found in the passenger's shoe as payment for driving the passenger to pick up the marijuana. ![]() The officer had a drug dog who detected drugs in the car. Police officers pulled over the defendant, Stokes, who had a passenger. Georgia Case LawĪ man was convicted of conspiracy of possessing marijuana with the intent to distribute. What constitutes a step or act differs state to state. The people must start working on completing the arrangement to be convicted. Therefore, a conspiracy charge punishes people for doing more than just entering into an agreement to commit a crime. Further case law has found that the evidence must show that the defendants acted with a common intent and purpose and that things that happened were because of that intent and purpose. A contract requires a meeting of the minds, but there just needs to be a mere tacit understanding between two or more people that they will pursue a particular criminal objective. Case law has determined that there does not need to a meeting of the minds. To have a conspiracy, there must be an agreement between two or more persons to commit a crime. §16-4-8 defines conspiracy as when a person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime, and any one or more of such persons does any overt act to effect the object of the conspiracy. ![]() Let their experience work for you so contact them today. Lawson and Berry and their team of Georgia Conspiracy Lawyers have more than 20 years experience. It is vital for your case to hire an Attorney that is knowledgeable of the particulars of the crime of conspiracy and how to successfully defend against it. Essentially every state has a statute for conspiracy to commit a crime, but the punishments and specifics vary. The offense of conspiracy was formulated with the goal of preventing serious crimes from taking places. Have you Been Charged with Conspiracy in Georgia?Ĭonspiracy is one of the criminal offenses where the crime does not actually have to be completed for a defendant to be convicted.
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