Conspiracy to Distribute

Conspiracy to Distribute

If you’re facing charges of conspiracy to distribute drugs in the St. Louis area, get the legal advice and advocacy you need to pursue a favorable resolution to your charges. Contact Frank & Juengel Law Group P.C., today for an initial case evaluation to discuss how an experienced drug defense attorney in St. Louis can help you protect your rights, reputation, and future.

Understanding Drug Distribution Conspiracy Laws

A charge of conspiracy to distribute drugs alleges that two or more people agreed to work together to engage in the criminal offense of drug distribution and other related offenses, such as possession with intent to distribute. The mere agreement to commit a criminal act such as drug distribution itself constitutes a crime. As a result, people who commit criminal activity by knowingly working together may face separate charges for the underlying criminal and for conspiracy to commit that act.

Under Missouri law, a person commits the offense of conspiracy when they agree, with one or more people, to commit any class A, B, or C felony or any unclassified felony offense with a maximum term of 10 years or more and one or more persons in the agreement do any act to further the purpose(s) of the agreement. The law clarifies that when a person conspires to commit multiple offenses in the same agreement, they can face prosecution for only one conspiracy offense.

Illinois law defines the crime of conspiracy as agreeing with another individual to commit a specific criminal offense and taking an act in furtherance of that agreement. In Illinois, a person commits the crime of calculated criminal drug conspiracy by:

  • Violating Illinois drug laws as part of a concerted effort undertaken with two or more people, and
  • Receiving anything of value greater than $500 from the conspiracy or organizing, directing, or financing the conspiracy or its criminal violations

Federal vs. State Prosecution for Conspiracy to Distribute

A person may face prosecution for conspiracy to distribute drugs under either federal or state law. Federal law also contains a statute prohibiting conspiracies to commit criminal offenses. The federal conspiracy statute makes it illegal for two or more people to conspire to commit any offense against the United States when any of those people commit any act to affect the objective(s) of the conspiracy.

Penalties for a Conspiracy to Distribute Conviction

In Missouri, Criminal Conspiracy constitutes a class C felony, which carries a sentence of up to 10 years in prison, and a maximum fine of $10,000.  Conviction under the federal Conspiracy statute carries a penalty of up to 5 years in prison plus potential fines.  However, Conspiracy to Distribute Drugs is penalized based on the amount of drugs distributed by the conspiracy, and could be up to 20 years for the lowest level felony drug weight, 5 to 40 years, or 10 to life for the highest weights.    

Furthermore, defendants facing drug conspiracy charges may also face prosecution for underlying drug offenses, the penalties for which depend on the type and quantity of drugs involved.

Prosecutors frequently seek forfeiture in drug conspiracy cases, which requires the members of the conspiracy to forfeit any profits or items of value obtained through the criminal acts of the conspiracy.

Finally, a drug conspiracy conviction can have significant long-term consequences, including a criminal record that can make obtaining educational, employment, housing, or financial opportunities more challenging.

Defenses to Conspiracy to Distribute Charges

If you’re facing charges of conspiracy to distribute drugs, you can fight the prosecution’s case by pursuing various legal and factual defenses against your charges, such as:

  • Lack of evidence of agreement: A defendant may seek acquittal for conspiracy charges by arguing that the prosecution presented insufficient evidence to prove that the defendant had an agreement with one or more people to commit criminal acts or that the evidence shows that the defendant and their alleged co-conspirator(s) did not agree to commit the same criminal act(s).
  • No action to further the conspiracy: A conspiracy conviction may require the government to prove that a co-conspirator took some action to achieve one or more objectives of the conspiracy.
  • Renunciation of the conspiracy: An individual may renounce or abandon a conspiracy and avoid prosecution for a conspiracy offense by advising their co-conspirators of their intent to abandon the conspiracy and then subsequently taking some action to prevent the accomplishment of the objective(s) of the conspiracy, such as informing the police.
  • Unlawful police investigation: A defendant may seek to exclude evidence or statements that investigators obtained through an unlawful search or questioning. A search may be unlawful if police lacked probable cause to believe the search would uncover evidence of a crime. Alternatively, a question could be unlawful if investigators detained a suspect without reasonable suspicion or probable cause, failed to advise the suspect of their rights, or attempted to coerce inculpatory statements from the suspect.
  • Buyer – Seller Defense – in some jurisdictions, a defense to a conspiracy charge encompassing large drug weights is that a particular defendant just engaged in a buyer seller relationship for one or a few small quantity drug transactions. This can result in an acquittal of the more severe conspiracy charge and a conviction of a lesser small drug sale charge.  

How Can a Drug Defense Attorney Help You Fight Conspiracy to Distribute Charges?

Don’t face serious drug conspiracy charges alone. Instead, let a seasoned, St. Louis drug defense lawyer with Frank & Juengel Law Group P.C., advocate for your rights by:

  • Independently investigating your charges, as the prosecution’s file may not contain the evidence needed to build the most robust possible case for your defense
  • Evaluating case strategies and legal options to help you make informed decisions at each stage of the prosecution
  • Challenging the prosecution’s case by moving to exclude inadmissible or unlawfully obtained evidence or filing motions to dismiss for insufficient evidence
  • Working tirelessly to obtain the best possible outcome under the circumstances of your case, even if that means going to trial to advocate your innocence in court

Why Choose Frank & Juengel Law Group P.C., to Help You Resolve Your Charges?

Facing a drug conspiracy charge may result in increased consequences in the event of a conviction. Choosing the right criminal defense attorney can give you the best chance of obtaining a fair resolution to your case. Defendants facing drug conspiracy charges have trusted the legal team at Frank & Juengel Law Group P.C., for guidance and advocacy because:

  • Our attorneys have over 50 years of combined legal experience fighting for the rights and interests of clients facing criminal charges in state and federal courts.
  • Our firm has an established reputation for obtaining fair outcomes in drug conspiracy cases.
  • We work tirelessly to prepare and present the best possible case on behalf of our clients, preparing every matter for trial, so prosecutors know we won’t back down.
  • Our principal attorneys have received numerous awards and recognition for their work, including the highest AV peer rating from Martindale-Hubbel and listings in The Top 100 Trial Attorneys in Missouri and Missouri Super Lawyers.

Contact an Experienced Criminal Defense Lawyer Today

Have you been arrested on charges of conspiracy to distribute drugs? If so, you need experienced legal counsel to help you protect your reputation and future. Contact Frank & Juengel Law Group P.C., today for a confidential consultation with our knowledgeable, dedicated criminal defense attorneys to discuss your options when facing drug conspiracy charges.