Conspiracy Charges Lawyer

In Canada, a conspiracy charge does not require the completion of the intended crime. The mere agreement to commit a crime is sufficient for conspiracy charges to be laid. Conspiracy involves coordination between two or more individuals, amplifying the potential harm compared to solitary criminal acts. Thus, Canadian law proactively seeks to prevent such collaborations with the aim of averting potential damage from these agreements.

Conspiracy charges can get a bit complicated because there are cases where some people drop out of the plan and/or it is unclear who is involved in the conspiracy. However, it is important to note that as long as there is a predominant, ongoing plan, this can be enough to constitute conspiracy. This means that there does not actually need to be steps made toward pursuing the actual underlying crime. Even more perplexing is that conspiracy charges do not always need direct evidence—circumstantial evidence could be garnered to build a case of conspiracy. Moreover, there needs to be evidence that each accused person had awareness of the crime and agreed to participate, or that they formally agreed to the crime and adhered to the plan.

Even if the actual plan is not feasible or practical, a conspiracy charge can still be laid. It is the intention of the conspirators that matters ultimately. Attempt to commit conspiracy is not considered to constitute a crime. So, even if someone attempted to plan to commit a crime, this is far too remote to be considered a conspiracy charge. The difference can be confusing, and therefore it it’s important to have a skilled and knowledgeable lawyer when being charged with conspiracy.

Bail for Conspiracy Charges

When police arrest someone on a conspiracy charge, they may opt to release the accused from the station or detain them for a bail hearing. The decision primarily hinges on how serious the underlying linked crime is and the defendant’s criminal history. First-time offenders are generally treated more leniently than repeat offenders. Usually, conspiracy to commit an indictable offence will lead to a bail hearing, whereas conspiracy for a summary conviction offence may not. The “Antic principles” guide these decisions, focusing on a variety of factors such as the likelihood of the accused committing another offence, the importance of their attendance in court, and the risk to public safety.

A conspiracy charge involves an agreement, whether implicit or explicit, between at least two individuals to commit a criminal offence. The offence of conspiracy is always linked to a secondary, or underlying, crime. For instance, conspiracy to commit murder connects to the crime of murder itself.

Proving Conspiracy Charges

To prove a conspiracy charge, the prosecutor must prove beyond a reasonable doubt that there was an agreement between the conspirators to commit a crime, and that this was done with intent. The simple act of agreeing could be enough to constitute a conspiracy charge, even if the defendants were not successful in completing the underlying offence.

There does not always have to be direct evidence to successfully convict someone of the crime of conspiracy. The evidence can also be implicitly conveyed from the behaviour and nonverbal forms of communication of the defendants. This can be a tricky topic, and therefore it is highly advisable to seek a knowledgeable and skilled lawyer to help you navigate these nuanced offences.

Often times, there is no direct evidence for conspiracy because the illicit agreement is not explicitly put down in writing. This can make it difficult for the prosecutor to prove these elusive kinds of cases. As such, there is an exception to the hearsay rule for co-conspirators. This allows other people involved in the conspiracy to testify about other conspirators in regard to what acts and declarations were made in the planning of the underlying crime.

Penalty for Conspiracy Charges

The penalty for a conspiracy charge aligns with the seriousness of the planned crime. For instance, if charged with conspiracy to commit murder, the defendant could receive penalties equal to those for murder, which could be incarceration for life. However, penalties can differ significantly depending on the particular nature of the conspiracy and the underlying connecting offence, in recognition of the idea that not all conspiracies pose the same level of risk to society. As a result, there needs to be different levels of penalties.

If you are charged with conspiracy and the underlying crime is an indictable offence, the penalties will be more on the serious end. Some examples of indictable offences include theft over $5,000 and murder.

If you are charged with conspiracy and the prosecutor chooses to pursue the case summarily, the maximum penalty is two years less a day in jail and up to a $5,000 fine.