Yes, phone calls can be proof of a conspiracy, although the content of the call and the identity of the call participants are more important then the mere fact that a call was made. In order to answer the second question, I would need a great deal more information, although all the police need to establish is probable cause to charge, not proof beyond a reasonable doubt. Good luck.
DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
Phone calls can be evidence of conspiracy, but they would need more than just calls being made usually. I have just dealt with a large case where cell phone calls and the locations were a major issue and we had many experts involved. If you think this is going to be issue in your case, make sure you ask about that kind of experience. Assume for the moment that you are being bugged and only talk about this case with a lawyer. Call us if you have questions.
