Legal Question in Criminal Law in California

How does a case of ''conspiracy to commit xyz'' get prosecuted?

The Conspiracy to Commit a crime seems kind of a strange law, I was wondering how a prosecutor goes about prosecuting someone for this, as in what evidence does he need.

If a person spoke in ''code language,'' could he still be tried in court?


Asked on 3/21/09, 9:26 pm

1 Answer from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: How does a case of ''conspiracy to commit xyz'' get prosecuted?

Penal Code Sec. 184 may be helpful to you.

"No agreement amounts to a conspiracy, unless some act, beside such agreement, be done within this state to effect the object thereof, by one or more of the parties to such agreement and the trial of cases of conspiracy may be had in any county in which any such act be done."

A person who speaks in code language can be tried for conspiracy provided he also performs some act in furtherance of the conspiracy. He certainly doesn't gain any protection from prosecution by speaking in code.

In fact, speaking in code may make it easier to establish a conspiracy because it can show a common scheme or purpose between two or more individuals.

If your post is about you or your friend, you need a lawyer. Contact me directly if this is the case.

Read more
Answered on 3/22/09, 1:13 pm


Related Questions & Answers

More Criminal Law questions and answers in California