Legal Question in Criminal Law in California

Re: conspiracy to commit muder for the benefit of a gang

Can they? Better question is: Are they doing so?

Getting an anonymous web answer to 'can they' offers you nothing you can use. No 'pro per' can properly defend himself, most certainly not against a capital offense. Anyone attempting it is foolish to the extreme. Either have private counsel or get a PD, and ask your questions of them. They will know the pleadings, facts and law that applies. They can make the numerous appropriate motions and objections as part of the trial process.

Re: conspiracy to commit muder for the benefit of a gang

A criminal conspiracy is an agreement to commit a criminal act. You must have at least two individuals to commit a conspiracy. But the government does not need to charge the other person in order to convict someone of conspiracy. They must prove beyond a reasonable doubt that there was some agreement with someone.

Re: conspiracy to commit muder for the benefit of a gang

It is possible to charge and convict only one conspirator. The fact that others were not charged does not mean the conspiracy never happened.

Sometimes the second person cannot be identified or found. In some instances he will have died. In still other cases he will have entered a plea bargain that spared him the conspiracy charge. Many other factors could also explain a decision not to charge all of the conspirators. There is no reason why such factors should entitle the remaining consipirator to escape punishment.