Conspiracy charge

Drug Trafficking

Fred and Raul are arrested for conspiracy to distribute cocaine by a police officer who was tipped off by an informant. Fred and Raul are charged with distributing, but due to a technical error in the warrant, the evidence is inadmissible and the case is dismissed. In response, the prosecutor charges them with conspiracy to distribute marijuana. As you interview Fred in the presence of his attorney, he begins to tell you that he has owed Raul $100,000 for the last two years as a result of a gambling loan. Fred believes that Raul will kill him unless he pays back the money somehow, but he has no way of repaying the loan. Raul told Fred that instead of being murdered, Fred could work for Raul for five years, assisting him in his narcotics distribution. Fred agreed. Answer the following questions:

a. Was there a meeting of the minds?

b. Was there an agreement to commit a criminal act?

c. Will the conspiracy charge hold up when this evidence is presented?

Solution:

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