An arrest, when pertaining to conspiracy charges, can feel especially alarming or disheartening. This is especially true in cases where the alleged plan was never actually executed but arrests were still made.
A capable Nebraska conspiracy lawyer can be an ally throughout the legal process. Both in and out of court, a well-versed criminal lawyer from Berry Law can fight on your behalf. With this help, you may be able to reach a more positive resolution for your case.
Conspiracy Charges in Nebraska
Conspiracy is legally defined as an agreement with at least one other person to commit a crime. To qualify, one or more of the parties to the alleged agreement needs to commit an overt act in furtherance of the conspiracy. As has been codified by Nebraska Revised Statute §29-2014, an indictment must name one or more of these specific overt acts.
This means, although a prosecutor in Nebraska may reference other overt acts during trial that were not indicated in the indictment, they may not be able to prosecute for conspiracy if they do not point out actual overt acts in the initial charging paperwork. Depending on the circumstances, a well-informed Nebraska conspiracy attorney can fight allegations of overt acts actually taking place.
What Does a Prosecutor Need to Prove?
A Nebraska prosecutor must prove beyond a reasonable doubt that an agreement was formed and that at least one overt act occurred in furtherance of the crime. Unlike other types of charges, conspiracy charges do not merge with the underlying felony. Both the felony and the conspiracy may stand as separate charges.
In Nebraska, a conspiracy may be of the same class of felony as the underlying crime. However, one exception applies. The conspiracy to commit a Class I felony, is considered a Class II felony in Nebraska. A capable conspiracy lawyer in Nebraska can help you better understand these charges.
Withdrawing from a Plan
A person who’s been charged with conspiracy may argue an affirmative defense that he or she withdrew from the conspiracy. This might absolve him or her from other felonies that eventually were committed to further the original plan.
By the authorization of Neb. Rev. Stat. §28-203, an individual who completely withdraws from the conspiracy by warning law enforcement may be found to have renounced the unlawful plan. However, in addition to notifying the police, the original participant should have also made a reasonable effort to prevent the other members of the conspiracy from executing the felony. A meticulous conspiracy attorney in Nebraska may have other defense strategies that can be successful in making this argument.
Contact a Nebraska Conspiracy Attorney for Help Today
If you are in danger of a felony conviction for conspiracy, it’s easy to become overwhelmed by the possibility of incarceration. Retaining an attorney who can effectively advocate for you and build a compelling defense can be invaluable.
A skilled Nebraska conspiracy lawyer has experience fighting the charges you are facing. Call Berry Law today for a confidential consultation to begin building your fight back.