Se habla Español | Wir sprechen Deutsch | Mówimy po polsku
Spanish Translation German Translation Polish Translation
Contact us for your initial consultation
847.577.8700
posted on 12/31/17

Three suburban men are in custody after they allegedly tried to purchase cocaine from an undercover Drug Enforcement Agency operative.

According to court documents, the unnamed operative and 53-year-old, Jose Mendoza of Melrose Park, first discussed the possible sale in a Menards parking lot. The affidavit states that Mr. Mendoza said he was looking for a new drug supplier and that he had access to various automatic weapons. One proposed sale fell through after Mr. Mendoza apparently got cold feet; however, the operative paid Mr. Mendoza $3,700 for several assault rifles. Some time later, Mr. Mendoza and two associates — 48-year-old Miguel Pineda of River Grove and 25-year-old Alejandro Sandoval of Waukegan — met the operative for a second time. Mr. Sandoval’s vehicle had a secret compartment that contained a large amount of cash, according to court documents. As the four individuals left the parking lot, agents converged and took the three defendants into custody.

All three are being held without bail.

Elements of an Illinois Criminal Conspiracy Case

Conspiracy cases almost always involve either police informants and/or undercover officers. Generally, under the Illinois conspiracy law, the maximum punishment is one level below the underlying crime. So, people who are charged with conspiracy to commit a Class X felony face a maximum four to 15 years in prison and/or a $25,000 fine (Class 1 felony). The elements are:

  • Agreement: The defendant must agree with at least one other person to commit at least one crime charged in the indictment. This agreement can be explicit, but more often, it is implied based on conduct. If the defendant later relents and elects not to be part of the conspiracy, as arguably happened in the above story, the renunciation must normally be as strong as the agreement. So, if the defendant affirmatively agrees to join a conspiracy, s/he must affirmatively renounce (i.e. “I no longer want to do X.”).
  • Knowledge and Intent: In Illinois, the defendant must know about one of the objectives and intend to help. The defendant does not need to know everything about the objective and also does not need to know all the objectives. Moreover, any assistance satisfies the intent prong. The lookout is just as guilty as the person who brings the gun.
  • Overt Act: This act does not necessarily need to be something illegal. For example, buying ski masks can be an overt act in a bank robbery conspiracy, if the purchaser knew the masks’ true purpose.

The agreement need not cover every detail. If the defendants met and generally agreed on the acts and purpose, that is sufficient.

The Entrapment Defense in a Chicago Conspiracy Case

The two prongs of an Illinois entrapment defense are basically inducement and predisposition.

Police officers or informants may cajole defendants, lie about certain facts, and perhaps even commit illegal acts themselves (such as buying illegal weapons) so long as their behavior does not cross the line to inducement. Promises or threats, even if they are subtle and well-disguised, usually cross that line.

Second, Illinois defendants must establish that they had no predisposition to commit the crime. Some people may remember the John DeLorean drug entrapment case from the 1980s. The automaker desperately needed cash to save his company, so he entered into a rather shady business opportunity with a person who turned out to be a federal informant. After Mr. DeLorean became suspicious, the informant implied that harm would come to Mr. DeLorean’s daughter if he did not go through with the deal. That one factor may have been enough to convince jurors that federal agents unlawfully entrapped Mr. DeLorean.

Connect with Aggressive Lawyers

Conspiracy prosecutions usually involve complex legal questions. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Steve Halama)