Legal Question in Criminal Law in California

PC182 Conspiracy Chg on Prisoner

My friend, a CA inmate,is being threatened with a PC182 conspiracy to intro drugs into prison chg & there is no drug evidence. Evidence consists of suspicions, accusations, an empty box confiscated by CDCR's ISU from someone's home, & someone else's admission of mailing the same box which supposedly contained drugs. The admission was given under the protection of immunity from the DA. It appears to be a ''he said, she said'' thing & an empty box. My friend is being told that if convicted there could be 3 more yrs added. Does the DA have a case here? How much evidence does the DA need to prosecute & convict? The DA hasn't filed any chgs ... yet. It's been over 6 mos & my friend just sits in ''the hole'' waiting. The person whose home the box was confiscated at & their significant other (an inmate) have confessed some sort of involvement. The person given immunity is scared perjury chgs will come out of nowhere & invalidate the immunity. Really need some input! Thanks!


Asked on 10/31/06, 10:19 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: PC182 Conspiracy Chg on Prisoner

There is no need for actual drug evidence to support a conspiracy charge. A conspiracy to distribute drugs is a crime even if it fails or is interrupted before it succeeds -- often even before the conspirators get the drugs they intend to distribute.

You haven't provided enough information for me to say how strong the D.A.'s case might be, but nothing you have said suggests that it's weak.

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Answered on 10/31/06, 10:44 pm
Daniel J. Mangan III JuryTrialJustice

Re: PC182 Conspiracy Chg on Prisoner

The law of conspiracy is very difficult to explain in a short email answer. It is the agreement to commit the crime that is punishable. But the actual commission of the target offense is not required, testimony from actual accomplices is subject to special rules regarding corroboration and their are always diffculties when immunity is at issue. The DA has broad discretion on what and when to file,,,administrative disipline is no bar to the filing and any conviction for an in prision offense results in consecutive time W/O CTS..... as to the overall "strength" of the case, there simply are not enough facts for any opinion...

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Answered on 10/31/06, 11:27 pm


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