I understand when two or more people do an overt act to commit a crime they conspire. But is the statute relevant when the law has been violated and one fails take notice of the crime or ignores it when it affects a duty or legal obligation they have? Does ignoring the crime that was committed make them a conspirator when that crime should have affected their decision? For example falsifications of documents. If one knows a relevant document has been previously falsified are they a conspirator under the statute if they encounter the document after it has been falsified and fail to act on it's relevancy? THANK YOU.
Dear New Port Richey--sounds like a hypothetical, theoretical, and/or academic question. What makes this particular document "relevant" to anything?
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
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It really depends on the individual facts. If the falsified document is passed as original by a knowing participant, I would say they could be charged in the conspiracy if it is in furtherance of the end game. Failing to act when there is a duty to do so could also open a person up to civil suit.
As always, the responses given are based upon the limited information provided in the question and general legal procedure. It is advised that if your situation contains complex issues or facts to consult personally with an attorney for your choosing. In criminal cases where liberty is at stake, a defendant has an absolute right to a court appointed attorney if you cannot afford one.
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