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posted on 9/30/18

A woman jumped into a Honda Civic with a man she had met at a local restaurant and went to collect a kit from his house so that they could do meth together. At the same time, local authorities were carrying out a search warrant of the man’s home. Apparently, the man was more than just a recreational meth user. When the pair arrived at his home, police were confiscating a coffee can filled with almost two pounds of crystal meth. Once police arrested him at the scene, they discovered another pound of meth stashed under the passenger seat of his car. Since Wilkerson was in close proximity of the meth, actually sitting on top of it, police arrested and charged her with conspiracy to produce and distribute meth. For the amount of crystal meth found, they both faced life in prison.

With the help of a lawyer, the woman was able to convince the court the she did not personally know the drug dealer and had no knowledge of the pound of meth under her seat. Her sentence was reduced to three years of probation.

Illinois Drug Trafficking Conspiracy Laws

Conspiracy is when two people agree to commit a crime together. However, it is not as simple as that. There are specific things you must have done, called elements, before you can be charged with conspiracy:

  • You and another person (or persons) agree to commit a crime;
  • You know about a plan to commit a crime and you know how the plan will be executed;
  • Someone involved in the plan does something called an “overt act” to commit the crime.

What is An Overt Act?

In law, an overt act is physically doing something to help carry out a crime. It is the most important element in convicting you for conspiracy. For example, if you and a friend agree to commit armed robbery, and your friend purchases the materials needed for the robbery or obtains a gun, you can be charged with conspiracy, even if you did not have a significant role in committing the robbery. As long as you were aware of the robbery and agreed to be a part of it, you can be charged.

What is unique about conspiracy law in Illinois is that you can be charged with committing the actual crime as well as conspiracy. For instance, if you plan to smuggle drugs into the state with your three friends, you all can be charged with drug trafficking and conspiracy to commit drug trafficking.

What if I am Charged with Conspiracy to Commit Drug Trafficking?

Contact a drug lawyer to help you avoid conviction and harsh sentencing. Our goal at Glasgow & Olsson is to help people who are facing criminal charges. Our team is compassionate, professional, and knowledgeable in Illinois criminal procedures and is committed to working hard on your case.

Chicago residents in the Cook, Lake, Kane, McHenry and DuPage counties who are facing criminal charges should contact us at 847.577.8700 for a complimentary case evaluation. You can also visit us online and complete the consultation form.

(image courtesy of Greg Raines)