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Criminal Conspiracy Questions

What is a Conspiracy?

In criminal law, a conspiracy is a contract between two or more people to commit a crime or to accomplish a legal end by illegal actions. An example of this type of crime is planning a bank robbery (illegal act) to give money to a charity (a legal end). Not all conspiracies are planned in secret yet they are still a crime. An everyday transaction can be tainted by corruption. An example would be a car salesman selling a used car as new. They could be prosecuted for the crime of fraud and conspiracy, plus any purchaser of a vehicle would be able to sue for damages for the fraud and conspiracy.

Is there a civil remedy for conspiracy to kidnap? Are there guidelines? What is the statute of limitations to file?

Yes, there is. False imprisonment is identified as the civil equivalent of kidnapping in Missouri. False imprisonment stands for restrained with no lawful justification. Hyatt v. Trans World Airlines, Inc., 943 SW 2d 292 - Mo: Court of Appeals, Eastern Dist. 5th Div. 1997. The statute of limitations is normally two years under Missouri Revised Statutes Chapter 516.

Can conspiracy to commit murder charges be brought up, on someone if the trial for the murderer has already finished?

Seems like the individual is considering the circumstances where a single defendant is found guilty of killing someone and additional un-prosecuted defendants might be guilty as co-conspirators. The end of the trial of the killer will not prevent prosecution of the co-conspirators. Since the co-conspirators in the past have not been put on trial, there is no "double jeopardy" or any extra regulations of law that will prohibit them from being put on trial based on the guilty verdict of a different person.

If a felony conviction for a marijuana conspiracy charge did not carry a sentence of 1 year or over, can second amendments rights, be restored in the state of AL?

Whether a year or not, given that this would be a federal felony, it is not possible to reinstate the individual’s 2nd Amendment rights as the ATF's division that controls appeals for reinstatement has not been funded since the early 1990’s. Short of a presidential pardon, the individual’s rights could not be reinstated.

What is range of prison terms for conspiracy charge for distribution of ecstasy?

The distribution or conspiracy to distribute under the US code is punishable by 0-20 years in prison with an average sentence being 18 months to 72 months depending on prior record.

Is there jail time with one count to conspiracy to commit robbery in the state of PA?

Yes, the offense is punishable by jail/prison. Many factors are considered during sentencing, facts surrounding the charge, the person’s involvement and any prior criminal record. A first time offender and if the facts are minor in nature, it’s possible that a probationary sentence can be imposed.

There are times that you need answers to your tough questions — questions that may be too sensitive for you to consult a friend or co-worker. Sometimes, you may want to discuss your issues with a neutral party who is experienced in the legal area that you are dealing with. If you are having issues with criminal conspiracy or just need answers to your questions pertaining to a criminal conspiracy you can ask Experts. Experts answer many of the legal questions related to a criminal conspiracy in an efficient and knowledgeable manner.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Conspiracy Questions

  • Hi.I am noticing a pattern of intrusions into my banking

    Hi.
    I am noticing a pattern of intrusions into my banking and financial affairs that leads me to believe someone is spreading false accusations about me and/or someone with whom I am doing business. I would like to find a lawyer who can advise me on conspiracy law and how to systematically gather evidence for possible future litigation.
  • Hi, I am interested in applying for a Series 6, 7, and 63 licenses

    Hi, I am interested in applying for a Series 6, 7, and 63 licenses so that I can work for broker dealer. However, while in college, a pledging related prank went seriously wrong and resulted in my arrest in June 1993 with charges of felony burglary, misdemeanor receiving stolen property, misdemeanor criminal trespass, and misdemeanor criminal conspiracy. This case was resolved in March 1994 with my guilty plea only to the misdemeanor criminal trespass and misdemeanor criminal conspiracy charges. The prosecutor declined to prosecute (nolle prosequi) me on all of the other charges.
    I've been doing some research to determine if this single event and the resulting charges and guilty plea for the two aforementioned misdemeanors would result in a disqualification for the Series 6, 7, and 63 licenses by FINRA?
    Below is the link and the relevant section of the FINRA Disqualification events, with the first bullet point being most relevant to my case (i.e., "certain misdemeanor and all felony criminal convictions for a period of ten years from the date of conviction.").
    http://www.finra.org/Industry/Enforcement/Adjudication/NAC/StatutoryDisqualificationProcess/
    "Disqualification Defined
    FINRA amended its By-Laws on July 30, 2007 to incorporate the definition of "disqualification" as set forth in Section 3(a)(39) of the Exchange Act. The amended eligibility rules are effective June 15, 2009. Members should review Regulatory Notice 09-19, Amendments to FINRA Rule 9520 Series to Establish Procedures Applicable to Firms and Associated Persons Subject to Certain Statutory Disqualifications, for detailed information related to the amended eligibility rules.
    Based upon the expanded definition of "disqualification," the list of disqualifying events are as follows:
    • certain misdemeanor and all felony criminal convictions for a period of ten years from the date of conviction."
    Clearly, my case occurred well over 10 years ago, which suggests that this single event should no longer be cause a disqualification from seeking the aforementioned licenses based on FINRA's disqualification event language.
    However, there is conflicting information on the internet relating to this due to the questions on FINRA's Form U-4, the Uniform Application for Securities Registration or Transfer, which is the form you will need to fill out to register with a broker-dealer. More specifically, question 14B on the U-4 asks if you have ever been charged with a misdemeanor that involves, "investments or an investment-related business or any fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of these offenses."
    Essentially, some internet sources suggest that just having any felony or misdemeanor "charge" related to any monetary theft or wrongful taking of property - regardless of how long ago - are grounds for disqualification by FINRA.
    If true, this would clearly contradict FINRA's definition for disqualifying events (i.e., "certain misdemeanor and all felony criminal convictions for a period of ten years from the date of conviction.")
    Hence, my question is would my case disqualify me from getting the aforementioned licenses from FINRA?
  • If the conspiracy is copy right infringement and there is no

    If the conspiracy is copy right infringement and there is no state law for the infringement, would a state judge send it to federal court, being that federal would have jurisdiction? If it should go to federal court, can you name a case where a state judge
    has done so?
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