I was recently retained to represent a client charged as one of the ten (10) co-defendants in the major cocaine bust out of Dover last month. For information on the case, see the NJ.com article entitled “N.J. men are charged with operating Dover cocaine ring”.

My client is charged with conspiracy to possess a controlled dangerous substance (CDS), namely cocaine, in violation of N.J.S. 2C:5-2 and 2C:35-10(a)(1).

Conspiracy is governed by N.J.S. 2C:5-2 which provides:

2C:5-2.  Conspiracy.  a.  Definition of conspiracy.  A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:

 (1) Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or

 (2) Agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

Essentially, conspiracy requires an unlawful agreement and an act by my client in furtherance thereof (in this case in furtherance to possess cocaine).