Nevada's conspiracy law is broad and, surprisingly, does not require that a conspirator say a single word. A conspiracy is an agreement between two or more people to commit an unlawful act. Any person who agrees to commit a crime or does an act to further that agreement can be charged with a Conspiracy to Commit a Crime in Nevada. The agreement does not need to be based on words. Prosecutors have been known to charge a conspiracy based on a look, a wink, a nod or certain actions such as going to the crime scene together and/or leaving a crime scene together, or co-defendants seeming to commit an offense in a coordinated fashion.
Also, the agreement alone is enough for the government to charge a conspiracy. While some states require that one of the co-conspirators commit an act in furtherance of the conspiracy, Nevada law does not have that requirement. See, NRS 199.490 ("In any such proceeding . . . it shall not be necessary to prove that any overt act was done in pursuance of such unlawful conspiracy or combination.")
However, Nevada Courts have consistently held thatsimple knowledge of a conspiracy or being present when others conspire to commit a crime is NOT enough to sustain a charge of conspiracy.
Conspiracy charges are extremely serious and prosecutors frequently charge defendants with both a conspiracy to commit a crime as well as the target offense - they are not required to choose between the charges. As an example, prosecutors may charge a defendant with both Robbery and Conspiracy to Commit Robbery or prosecutors may charge Burglary and Conspiracy to Commit Burglary.
If you or someone you know is being investigated or has been charged with conspiring to commit a crime, it is important to call a Las Vegas Criminal Defense Attorney right away. A Las Vegas Criminal Defense Lawyer can help you analyze the facts of your case, identify applicable defenses and develop aggressive litigation strategies to protect your legal rights.