These facts aren't clear, but conspiracy to commit a crime, only requires an agreement to commit a crime and an act in furtherance of that crime.
In Virginia, the conspiracy is completed once there is an agreement to commit a crime. No further act is required. If that fact can be established then you can be charged and prosecuted. It is very important that you make no statement whatsoever to the business, the co-defendant and ESPECIALLY the police. Your words WILL get misinterpreted and twisted to fit what the prosecutor wants them to mean. Contact an attorney immediately.
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Being with the person and appearing to be working with them could lead the police to charge you with Conspiracy. As my colleagues have stated, conspiracy only requires an agreement to commit a crime, not an actual commission of a crime. Also, let me be very clear - do not make any statements to anyone at the business, the other person involved and most definitely, not the police. Your statements can and will be used against you no matter how good they may sound to you.
You should meet with an attorney in your area to discuss this matter further.
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