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Conspiracy: Allegation and proof of overt act; evidence of overt acts not alleged

Las Vegas Defense Attorney Unveils the Definition of Conspiracy in Nevada – NRS 175.251

In Nevada, a defendant can be charged with the crime of conspiracy if he or she makes or participates in an agreement to violate the law. The crime the defendant allegedly conspired to commit need never have occurred. However, at least some overt act must generally have been committed in order for a defendant to be convicted. Nevada’s rules of criminal procedure provide additional information on the requirements related to an overt act.

When you have been charged with a conspiracy, the penalties you face could be as serious as the penalties for the commission of the crime you are accused of planning to commit. As a result, the charges have to be taken very seriously. Las Vegas criminal defense lawyer Nicholas Wooldridge should be consulted for help in responding to allegations of conspiracy charges so you can get the assistance you need in trying to defend against charges that could lead to loss of freedom.

LV Criminal Defense has extensive experience providing advice and advocacy to defendants who have been accused of conspiring to commit a crime. Give us a call today if you are accused of conspiracy so we can get to work on helping you to fight against conviction.

Evidence Requirements for Conspiracy

Nevada Code Section 199.480 defines the offense of conspiracy, and lists some offenses that can be predicate to the offense. There are also federal laws which address conspiracy. These laws establish the elements of a conspiracy offense and the possible consequences of conspiring to break the law.

Before a defendant can be convicted of conspiracy, however, a trial must take place. There are rules for how a trial can progress, which are set forth in the Nevada code sections addressing criminal procedure. In particular, N.R.S. 175.251 details the evidence required when allegations of a conspiracy lead to charges.

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According to N.R.S. 175.251, a defendant cannot be convicted of a conspiracy offense requiring an overt act unless at least one over act is alleged in the information or the indictment. At least one overt act must also be proved beyond a reasonable doubt. Other overt acts which were not alleged in the initial indictment or information can also be entered into evidence, but this is not necessary for a conviction. As long as the prosecutor shows one act, it is possible for the defendant to be found guilty.

How Las Vegas Criminal Defense Attorneys Can Help

Conspiracy charges are among the most difficult charges to address because a prosecutor doesn’t actually have to show you violated the law- just that you planned to and took some steps towards doing so. Whats more, not only can you be convicted if you took overt steps, but you could also find yourself charged and facing the possibility of a guilty verdict if any of the co-conspirators who you were allegedly working with made overtures towards violating the law.

You need to know the rules for what a prosecutor has to prove, what must be included in an information or indictment, and how a prosecutor can meet the burden of proving guilt beyond a reasonable doubt. An experienced Las Vegas criminal defense lawyer should represent you who has successfully handled conspiracy cases in the past and who can help you to develop a strategic approach to fighting charges.

LV Criminal Defense provides representation to defendants facing state or federal conspiracy charges. Our legal team knows what the criminal procedure rules require of prosecutors and we will work from day one to try to help you get an acquittal or to try to get your penalties reduced so you do not face harsh consequences simply because you’re accused of participating in some plan to break the law.

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