The conspsiracy statute specifically includes a provision that you can charge a person with conspiracy without concern of what the co-defendants were charged with or found guilty of. My advice to you is to do some research with regards to that statute or consult with an attorney.
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Yes. You'll need an experienced attorney to handle this for you. It's not going away.
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Yes; the person going to trial may be charged with any offense (including different objects of one conspiracy or with multiple conspiracies pursuant to 21 USC § 846) as long as the time limits prescribed by 18 USC § 3282(b) (the "statute of limitations") have not expired (in most drug cases, 5 years from the date of the act, or in the case of a conspiracy, 5 years from the completion of the conspiracy, the last act in furtherance of the conspiracy by an co-conspirator, or the defendant's withdrawal, legally, from the conspiracy).
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP