Legal Question in Criminal Law in Texas

Law of parties

My son "member of A.C." in a Texas Prison convicted of capital murder, mixing "Law of Parties" and "combination". Is it Legal to hold someone responsible for the actions of someone else soley because you are a member of the same gang?


Asked on 4/04/99, 12:47 am

1 Answer from Attorneys
David Sergi Sergi and Associates PLLC

Re: Law of parties

You pose an intresting question. I am arguing that the answer is "no" in a fed case involving the Mexican Mafia.

I would be intrested in finding out more about the facts of the case because in the absence of a RICO or organised crime count it is harder to use the law of parties.

However, given our Texas Court of Crimial Appeals anything pro prosecution is posible.

By the way was the murder in prison or a street murder, was he present and was he present when the planning took place?

I am involved with several death penalty habeas cases and find that often the law is used to get rid of "bad actors" rather than real capital murders.

David Sergi

Law Offices of David K. Sergi

109 East Hopkins, Suite 200


Read more
Answered on 4/08/99, 9:22 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas