Legal Question in Criminal Law in Massachusetts
Conspiracy
Lets say three guys agree to do a work together to forgo a criminal activity, whether it be a crime or what not..Than later one of the guys gets cold feet..and the others go on with the act without him. Does the guy that got cold feet guilty of..
Conspiracy to commit murder?
and or
Murder?
4 Answers from Attorneys
Re: Conspiracy
The suggested charges here are quite serious and before stating anything else I strongly urge you to retain counsel on such a matter. That being said, to remove oneself from a conspiracy the person has to make an overt and open act to remove himself from the conspiracy. Whether the person in question made such an act would be best decided by an attorney who has more facts at his disposal.
I also concur with the other attorneys who stated that you should not discuss this issue with anyone other than a hired attorney.
Re: Conspiracy
Quite possibly. For him to withdraw from the conspiracy he cannot just stop doing whatever he was doing, he must also take steps to thwart the completion of the act such as calling the police to report what is about to happen.
My advice is HIRE AN ATTORNEY and discuss the particulars of your case.
Re: Conspiracy
The issues involved are conspiracy, attempt, and joint venture. You provided just enough information to raise the issues, but not to answer the question. Alternatively, anything you may place on the web may be discoverable. So since the issue you have addressed is extremely serious and fact based, you should really contact an attorney familiar with SUperior Court Criminal Defense. One question, has a complaint or indictment been issued against you? Do not speak to the police or any other person outside of an attorney!
Re: Conspiracy
As Henry has said, the Web is not a good place to discuss the specifics of any criminal case. In general, a complete withdrawal might be a defense to a criminal charge, but this really depends on the specific facts of the case. As you have been told, get a lawyer, and don't talk to anyone but that lawyer about your case, including police or DAs.
Good luck.
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