What are some of the defenses to conspiracy?
Remember that a conspiracy isn’t a conspiracy until two things happen: (1) an agreement is made; and (2) one of the conspirators performs some overt act. Withdrawal is a defense to conspiracy. If you enter into a conspiracy agreement and then change your mind before a co-conspirator performs an overt act in furtherance of the conspiracy, you have a defense. However, you just can’t say “I quit!” or just walk away. To withdraw from a conspiracy, you must take some affirmative action either to disavow or to defeat the purpose of the conspiracy, and you also have to inform your co-conspirators of your withdrawal. If you find yourself involved in a conspiracy and you want out, it would be a good idea to contact a competent white-collar criminal defense attorney immediately to make sure you take the proper steps to disavow and/or defeat the conspiracy in the manner that best protects your interests.
