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October 19, 2022

Nancy asks Jennifer to help her counterfeit twenty-dollar bills

. Jennifer refuses. Jennifer then goes to the police to report Nancy, and Nancy is arrested for conspiracy. Nancy has a great defense attorney who immediately filed a Motion to Dismiss based on the facts of this case not rising to the level of conspiracy. Will the judge grant this Motion to Dismiss? Why or why not?

Let’s next assume that the judge does grant this Motion and the charge of conspiracy filed against Nancy is dismissed. The prosecutor wants to make sure that Nancy is still held accountable for her actions, so she charges Nancy with the crime of attempt. Nancy’s defense attorney can only laugh when she sees this new charge and files another Motion to Dismiss based on the facts of the case not rising to the level of attempt. Will the judge grant this Motion to Dismiss? Why or why not?

Finally, let’s assume that the judge does grant this second Motion and the charge of attempt filed against Nancy is dismissed. You are the police officer who arrested Nancy, and the prosecutor calls you in to help her with the case. What would you suggest the prosecutor do? What charge would you suggest that the prosecutor file? What is your reasoning?

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