Doubling Up on Drug Charges: Drug Law Charges and Conspiracy Charges

When defendants are faced with drug charges, these charges are often coupled with conspiracy charges. The two charges are separate, but are often brought together at the same time against a criminal defendant who stands accused of committing both crimes. Conspiracy charges are often tacked on to an underlying drug law violation, such as possession, intent to distribute or manufacturing illegal drugs or controlled substances. When conspiracy charges are tacked on to drug charges, the result can be increased penalties if the criminal defendant is convicted.

Drug Charges Plus Conspiracy

Conspiracy is when two or more parties are complicit in an agreement to knowingly violate the law, such as agreeing to be involved in a drug deal. The crime may not even have occurred yet, but the existence of the agreement to commit the crime is enough for a conspiracy charge. Evidence of a conspiracy can be in the form of circumstantial evidence, such as the conduct of the parties to the conspiracy, or by the plan itself. What is surprising about drug conspiracy charges is that the defendant’s role in the plot need not be a very large role in order to be charged with conspiracy. Nor must the defendant use actual words to agree to the conspiracy, nor must there actually be drugs for their to be a drug conspiracy charge.

A few examples of a defendant’s conduct that could be circumstantial evidence of a drug conspiracy include:

• The defendant allowing his drug dealer friend to use the defendant’s car to pick up drugs with the knowledge that the car was being lent to the drug dealer friend for the purpose of transporting illegal drugs.
• The defendant showing up at his drug dealer friend’s house to find the drug dealer friend splitting up drugs into small packets for easy transportation and sale, and without saying anything, the defendant sits down to help his drug dealer friend divide up the drugs. Although no words may have been said, sitting down and helping the drug dealer friend is an implicit agreement to help with the crime of intent to distribute drugs.
• The defendant purchasing or procuring all of the necessary items required to distribute drugs, such as small baggies, weighing scales, etc. and the defendant meeting up with his drug dealer friend to divvy up the drugs. Even if the drug dealer friend does not produce the drugs, the defendant and his drug dealer friend had an agreement to commit the crime of intent to distribute drugs.

Contact a Massachusetts Criminal Defense Attorney

Drug charges and drug conspiracy charges often go hand in hand, and it is easy for the prosecution to meet their burden when it comes to proving drug conspiracy. A defendant’s conduct could be all the evidence that the prosecution needs to make the drug conspiracy charges stick. Our Attorney is a former state prosecutor, and for many years has worked as a criminal defense lawyer. She understands both sides of drug cases, as well as drug conspiracy cases, and she can help you with your defense. Drug conspiracy charges need to be taken seriously since circumstantial evidence could be enough to make a conviction. Our Attorney can help with your drug law violation and conspiracy defense. Please do not hesitate to contact Our Attorney