With many criminal activities, you actually have to carry out the crime before you face any charges. You could tell someone that you’re thinking about robbing a bank, but you’re not going to be arrested just for having the idea. You will only be arrested if you go to the bank and try to carry out the robbery.
But don’t assume that this applies to all charges. In conspiracy cases, for example, you may not actually complete the goal of the conspiracy. But you could still face conspiracy charges for planning it all the same.
Why does this happen?
This happens because working with someone else to create a conspiracy is already illegal. If you and at least one other person have been talking about criminal activity, that shows your intent. If you then take a step toward the completion of that criminal activity, you could be arrested. You have still engaged in a conspiracy, in the eyes of the law, even if you never completed the crime at all.
An example of this is if you are planning to transport illegal substances, such as manufactured drugs. You and your partner may come up with a plan and then rent a vehicle to transport the substances. But you get arrested before you can actually pick up the drugs, so the vehicle is empty. You could technically still face conspiracy charges because renting that vehicle counts as taking a step toward the completion of the conspiracy.
Criminal law can be a bit more complex than many people realize, and this is just one example. Be sure you understand all of your defense options if you’re in this position.
