Expert Advice When You Need It Most

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

Save

Attorney answers (2)

Avvo Pro

Reputation Level 12
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.
1 person marked this answer as good

Avvo Pro

Reputation Level 16
As far as my knowledge there is no such motion, you would have to attack this evidence at trial.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now