Hmmm, this question is less about RICO than with the common law crime of conspiracy and also whether you were an accessory to his crime of illegal narcotics distribution (inferred from the large amt of coke).
For you to get convicted of conspiracy, the prosecutor must prove...beyond a reasonable doubt... that
1) there was a common goal to commit a crime among two or more people
2) you knowingly agreed to pursue that goal
3) some person that you agreed with actually acted to accomplish the criminal goal. NOTE: this means just an act... ie., putting gas in the car and driving to the drop off location with coke in the back is good enough. A co-conspirator does NOT have to accomplish the goal
Going back to your fact pattern, since you were just meeting a friend and didn't talk about any illegal plan, you're not a co-conspirator. You weren't even aware about the coke in your friend's car and had no reason to believe something funky's going down.
As for being an accessory (ie., assisting) to the crime there are two types:
Accessory before the crime-- giving support, encouragement, or assistance for the commision of a crime
Accessory after the crime -- KNOWING that a crime has been commited, giving aid or ATTEMPTING to give aid to the defendent to prevent arrest
Since your buddy didn't ask you to do anything before he got busted nor did you give him any support, you are not an accessory before the crime. As for accessory after the crime... you guys were both arrested at the same time.
Quote:
Originally posted by pornguy
OK. the main way that the state attorneys are using ( abusing ) this law is fro guilt by association.
For instance, an old friend calls you can says, hey, I just moved back to town and wanted to know if you wanted to go for coffee and catch up on old time. Of course you say yes, and the person picks you up. As you are driving to the coffee shop you are stopped by a cop and both are arrested for possesion of the 2 kilos that the guy had in the trunk. They use that fact that you are frineds, that you are in the vehicle with him, and the phone call to say that you are as guilty as the person that owned the car and the drugs.
Can you win it??? If you are lucky.
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