Legal Question in Criminal Law in California

can police charge someone with gang enhancment for being in pictures with gang members


Asked on 10/07/09, 4:34 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Yes, they can charge it, but proving it is another thing. Showing yourself in a picture with other known gangmembers gives the appearance of being affiliated with a street gang, and thus the allegation of being in a street gang and committing a crime in furtherance of a gang would logically follow. Good luck.

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Answered on 10/07/09, 4:57 pm
Terry A. Nelson Nelson & Lawless

Can they? Sure. Proving it for enhancement requires evidence, and the picture proves 'association', which is exactly what is required. There is an old cliche: we are judged by who we associate with.

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Answered on 10/07/09, 5:01 pm


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