Conspiracy is one of a few examples under state law where police are able to make an arrest, and prosecutors can pursue charges, even if a person has not done anything illegal. This is because the core concept of conspiracy describes a situation where two or more people agree to work together to commit a crime.
According to South Carolina Code § 16-17-410, it is illegal for two or more people to take any step towards the commission of a crime. This cannot involve simply agreeing to commit an act. Instead, the statute specifies that these people must take a substantial step towards achieving this goal. For example, two people may tell each other that they should rob a bank on a specific day. This is not a conspiracy. However, if these people then rent a getaway car, work to examine the bank’s security features, or plan an escape route, there may be sufficient cause to make an arrest alleging a conspiracy.
With so little physical evidence required in these cases, it can be difficult to prove innocence on one’s own. It is best to seek legal counsel from a conspiracy attorney in the Columbia area who is tenacious and well versed in this complex concept.