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In general, okay, you have to have your
attorney evaluate the evidence. Okay,
that’s first and foremost. Does the
government have the evidence in order to
prove the elements of conspiracy? The
client might not believe that they truly
had criminal intent and that they were
part of a criminal conspiracy and that
they entered into this partnership. But
given that after trial in federal court,
there can be such severe penalties and
there may be ways to negotiate through
cooperation or through other means in
order to achieve your best shot at
staying home with your family if you
have a family or avoiding incarceration
in general by negotiating and by
cooperating. That’s really going to be
on a case-bycase basis. So there are a
lot of incentives, especially in
conspiracy cases, to cooperate and to
try to work out a plea for certain
individuals in the conspiracy because
there are multiple individuals who you
have an opportunity to provide
information about. That’s the nature of
a conspiracy versus being charged alone.
So yeah, it’s very common for
individuals to want to cooperate and
sometimes that is often the right
strategy, but every case is different
and it just has to be evaluated with
competent counsel.
Boca Raton, FL criminal defense attorney David Tarras talks about when it’s smart to negotiate vs. going to trial in conspiracy cases.