Is there a way to attack a federal conspiracy indictment for lack of evidence
Lexington, KY
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Posted 24 days ago in Federal Crime
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Is there a way to attack a federal conspiracy indictment for lack of evidence, what would the motion be
Answers (2)Joshua Sabert Lowther
This attorney is licensed in Georgia.
Posted 24 days ago.
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The only way to attack a federal indictment that charges a conspiracy count based on a lack of evidence is to try the case. "Back in the day," the Government had to prove the existence of a conspiracy for other evidentiary purposes (not relevant to your question, so I won't digress), and if the conspiracy count was weak, that pretrial hearing would usually cause the Government to re-evaluate its case. However, that requirement has all but been completely eviscerated.
Carlos Gonzalez
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