Legal Question in Criminal Law in Florida

Multiple conspiracy charges (State of FL)

I was arrested orginally for possession of Cocaine, MDMA, Marj., & Contr. Substance. My passenger had actual poss. with everything in his pockets. The State later to change charges to 1.conspiracy to traffic concaine, 2.consp. to traf. MDMA, 3.consp. to poss. w/intent sell Marj., & 4.consp. to poss. w/intent to sell Controlled Substance.

I understand in Florida basically you only need to have an agreement with the coconspirator to be guilty.

(Doolin v. State)''A conspiracy is the agreement to commit a criminal act/acts & if a single agreement exists, only one conspiracy exists even if the consp. has as its objectives the commisssion of multiple offenses. (Epps v. State)''[a] single consp. may have for its object the violation of two or more criminal laws/substantive offenses. The consp. is still one offense, no matter how many repeated violations of the law may have been the object of the consp.''

My codefendant now has plead out for a smaller sent. and made a statement ''I knew he had the drugs, agreed to drive him to the undercover buy, and he was going to give me money driving him.''

1. Is it possible a motion dismiss trial based on the improper charging?


Asked on 6/04/08, 1:52 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Multiple conspiracy charges (State of FL)

"Improper charging" is not a reason to have charges dismissed. If you are convicted of too many charges (for instance, the Conspiracy to Traffic MDMA is the same fact set as the Conspiracy to Possess with Intent Controlled Substance, whatever that is) you can have the higher charge dismissed on jeopardy grounds at the end of the trial.

Your point, I guess, is that it all should be charged as one big conspiracy, like a "Conspiracy to Sell Drugs." Keep researching. You'll see that, though many legal scholars agree with your philosophical point, both Florida and Federal appellate majorities have found against you. In other words, each drug counts as a separate conspiracy.

Even if it did all count as one conspiracy, your motion still probably wouldn't be valid until the end of the trial, and only if you were convicted of more than one offense. If you were right, then you'd have "double jeopardy."

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Answered on 6/04/08, 3:46 pm


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