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