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Can you get arrested for talking about a crime?

On Behalf of | Mar 3, 2022 | Criminal Defense

Say that you have not actually committed a crime, but you’ve discussed it. Maybe you and your co-workers have talked about a way to embezzle money from work, or perhaps you’ve talked to a friend about committing a robbery. You haven’t done it, but the discussion has come up.

If the police learn that you’ve been talking about it, can they arrest you? You know you haven’t actually broken the law, but do they have any ability to arrest people simply for considering breaking the law or talking about what they would like to do?

There’s one way that this can happen

Generally, the rule of thumb is that you’re not going to be arrested just for discussing doing something illegal. If you talk about using drugs, the police can’t arrest you for drug use when you haven’t put anything into your system. If you talk about robbing your employer, they can’t arrest you because you haven’t actually taken anything.

The one way that this could happen is if you start a conspiracy with someone else. To do so, you have to have a plan to commit such a crime, and then you have to do something that brings you closer to that criminal act. It does not necessarily have to be the criminal act itself, but it may just be the first step toward carrying out the conspiracy. You could be arrested on conspiracy charges in a situation like this.

If you are facing serious charges and you’re worried about what it’s going to mean for your future and the life that you’ve built, be sure you know what legal options you have.