(137) Can I be charged with Conspiracy in FL if my Co-Conspirator is a Government Agent? HaberPA

Can I be charged with Conspiracy in FL if my co-conspirator is a Government Agent?

In Fl the law is clear. If the only other party to a conspiracy is either a cop, or someone working for or at the direction of the cops, then there is no conspiracy.

In FL we call it “the King Rule”, and it comes from a 1958 Miami based gambling and bookmaking case called King v State where 2 of the 3 co-conspirators were cops. In that case the Florida Supreme Court ruled that in a conspiracy case the State has the burden of proving the criminal intent of a second “non-police person” who is a part of the conspiracy.

A conspiracy needs 2 or more people agreeing and acting together toward an unlawful end, and since a cop’s intent is to uphold the law and not to break it (well, presumably anyhow), the intent element of conspiracy cannot be met because there is only 1 non-law enforcement co-conspirator who actually intended to commit the crime.

This is why you can be arrested, and convicted, for solicitation of prostitution, but not for conspiracy, where there is no prostitute, only an undercover cop, who, regardless of what she said, would never have actually performed oral sex for 50 bucks.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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