Conspiracy to distribute refers to an agreement between two or more individuals to distribute a controlled substance. This charge does not require the actual distribution of the substance, but merely the intent to do so.
The more you understand about conspiracy charges, the easier it is to defend yourself.
The elements of conspiracy to distribute
The law requires three elements to prove conspiracy to distribute.
- An agreement must exist between two or more individuals.
- The individuals involved intended to distribute a controlled substance.
- At least one individual involved committed an act to further that conspiracy.
If you can show that any element is missing, you might have a defense against the charges.
Defenses against conspiracy to distribute
There are several defenses available when you face conspiracy to distribute charges. The prosecution must prove beyond a reasonable doubt that the agreement exists between you and at least one other individual and that you intended to distribute the substance in question. Any evidence to the contrary could help your case.
Not only that but, if there was a conspiracy and you withdrew from the agreement before your arrest, you might have grounds to fight the charges. Finally, you could contest the charges on the grounds of entrapment if a member of law enforcement induced you to commit the crime.
According to the United States Sentencing Commission, drug-related charges were the most common primary offense type in Arkansas in 2019, accounting for 38.7% of all cases. Understanding the charge of conspiracy to distribute is crucial for anyone facing such accusations, especially with such a prevalence of drug-related cases.