Agreement Requirement
In order for conspiracy to be present, some form of agreement between the two parties is required. Bob does not need to verbally tell Suzy that they are planning to rob the bank together in order for it to be considered conspiracy. If Bob and Suzy take any steps toward completing the robbery, it will be considered an agreement to commit a crime. For example, if the court can find instances where Bob and Suzy’s negotiated plans at a meeting or made similar transactions, that would be considered a nonverbal agreement to conspire. The court does need evidence to prove that both parties were involved or were aware that an agreement between them had been made.
Intent
In the area of conspiracy, intent means everything. Both parties need to be in agreement about their intention to move forward and complete their plan. For example, if you overhear your roommate is about to commit a crime in a nearby neighborhood, you would not be considered a conspirator unless you offered to be his getaway driver or scope out the neighborhood beforehand.