Criminal conspiracy charges can be difficult for the prosecution to prove in court because they require showing an “alleged” agreement to commit a criminal act. The prosecution has the burden to prove to the court that you were involved in an agreement. This might seem easy to prove but, with a good defense lawyer defending the charges, it can be challenging for the prosecution. Charging someone with conspiracy (which is easy) is not the same as proving it (much harder). In all criminal cases in Nevada, the prosecution must prove a person’s guilt “beyond a reasonable doubt.”
Among the most common defenses to a criminal charge of conspiracy are the following:
No valid agreement: The prosecution must prove you entered into a valid agreement to commit the alleged crime. If they cannot prove it was valid and illegal (agreements are legal unless involving a crime), then charges should be dropped.
Lack of evidence: The prosecution must provide evidence beyond a reasonable doubt that you agreed to commit the alleged crime. If they cannot, or the evidence is proven inadmissible, then charges should be dropped.
Lack of valid intent: The prosecution must prove that you knew the alleged crime would be committed and that you had a valid desire or intent to commit the alleged crime. If they cannot, then charges should be dropped.