If a person is charged with conspiracy to distribute then superseded to conspiracy to manufacture but all of the other

Asked over 1 year ago - Midland, TX

defendants on the case plead guilty to distribute, can the person going to trial still be charged with conspiracy to manufacture?

Attorney answers (4)

  1. Ryan Joseph Mitchell

    Contributor Level 12

    4

    Lawyers agree

    Answered . The conspsiracy statute specifically includes a provision that you can charge a person with conspiracy without concern of what the co-defendants were charged with or found guilty of. My advice to you is to do some research with regards to that statute or consult with an attorney.

    Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also,... more
  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes. You'll need an experienced attorney to handle this for you. It's not going away.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Joshua Sachs

    Contributor Level 19

    4

    Lawyers agree

    Answered . Yes. Tried and convicted.

  4. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Yes; the person going to trial may be charged with any offense (including different objects of one conspiracy or with multiple conspiracies pursuant to 21 USC § 846) as long as the time limits prescribed by 18 USC § 3282(b) (the "statute of limitations") have not expired (in most drug cases, 5 years from the date of the act, or in the case of a conspiracy, 5 years from the completion of the conspiracy, the last act in furtherance of the conspiracy by an co-conspirator, or the defendant's withdrawal, legally, from the conspiracy).

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

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