Can conspiracy be on the spot? 2 people in a car, passenger gets out walks over to a person, pulls out a gun and robs them. Driver did not know, however he did nothing to stop the robbery and also drove the get-a-way car eluding police until they wrecked?
by 
Anonymous
ANSWERS: 6
-
What you describe is not a conspiracy. A conspiracy requires more than one person creating a plan, and then taking some step in furtherance of that plan. However, you could be charged as an accomplice or accessory after the fact.
-
You had a possibe defense, until you tried to elude the police. you did not mention that the actual robber had a gun to your head, so i and a jury, will assume you are part of the robbery. You will be charged with Aggravated Robbery along with the original robber. Merry Christmas early before you go to prison.
-
How about aiding and abetting? How about obstruction of justice? How about aiding a felonious act? How about committing a felony? Unless he was coerced by these creeps and scared to death for his life, he is just really up shit's creek.
-
Some good answers here. The jurisdiction can make a real difference too. In your scenario once he drives the get away car it would be fairly hard to claim he was not a willing party. Like the poster above said until he eluded arrest the driver might have a possible defense. Unless you are in Texas. Under Texas's "law of parties," is a twist on a felony murder statute that enables a jury to convict a defendant who was not the primary actor in a crime. Opps I thought you said shoots not robs...oh well, I will leave this answer anyway haha
-
Conspiracy can be broadly defined when it comes to the courts. Involvement is bad enough to get a person there.
-
I wrote the question, I was on a jury, I think he was Guilty, but I gave in. We were given 2 options only...Robbery or Conspiracy to commit robbery. The driver never had a gun to his head, it was his cousin who actually had the gun and actually comitted the robbery. I never want to be on a Jury again! The Jury (WE)found him not guilty of Robbery, Conspiracy to commit robbery, use of a firearm in comission of a felony. We did find him guilty of Felony eluding police. I can't sleep over this one.
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC