With most criminal charges, a person actually has to break the law and engage in criminal activity to be arrested. Only after they have done so do the police have a valid reason to arrest them and charge them with a crime.
Conspiracy charges, however, can be a bit different. If at least two people discuss a criminal offense, agree to take part in it and then “take a concrete step” toward carrying out the conspiracy, they can already be charged. The conspiracy does not have to be successful, and they do not necessarily need to complete the underlying crime in order to face conspiracy charges.
Transporting illicit substances
For example, say that two people come up with a scheme to transport illegal drugs and sell them in another state. If completed, this would be a federal drug trafficking case.
After agreeing to the scheme, the individuals work together to rent a van. They plan to use this vehicle to transport the illegal drugs.
At this point, investigators could already arrest them and charge them with a conspiracy. They had the intent to break the law, they agreed to do so, and renting the van was a concrete step toward accomplishing that goal. They have not actually driven any illegal drugs across state lines or sold them to anyone outside of the conspiracy, but they could still face charges.
Cases like this can get very complex, and felony charges always carry potentially serious ramifications. Those who find themselves facing such allegations must be well aware of all the criminal defense options at their disposal.
