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What Kind of Agreement or Partnership Amounts to Criminal Conspiracy in California?

By Walin & Klarich

Conspiracy is a complicated area of criminal law. In general terms, a "conspiracy" is an agreement or partnership for a criminal purpose. Each member or the alleged conspiracy becomes the agent or partner of every other member. When evaluating the prospect of criminal allegations of conspiracy, consider whether some sort of agreement (formal or informal) was in place. Additionally, this "agreement" needs to be followed by the commission of any overt act to further the conspiracy. The following elements of criminal conspiracy must be proven by the California prosecutor: Two or more persons came to an "understanding" to commit a criminal act The accused knew of the criminal purpose and willfully joined in Any of the conspirators knowingly committed an overt act to advance the objective of the conspiracycontinue to full post

Full post as published by Southern California Criminal Defense Blog on January 30, 2010 (boomark / email).