Is there a way to attack a federal conspiracy indictment for lack of evidence

Is there a way to attack a federal conspiracy indictment for lack of evidence, what would the motion be
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Answers (2)

Joshua Sabert Lowther

Joshua Sabert Lowther

Contributor Level 4
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.
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Carlos Gonzalez

Carlos Gonzalez Avvo Pro

Contributor Level 7
As far as my knowledge there is no such motion, you would have to attack this evidence at trial.
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