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  #1  
Old 06-20-2009, 06:06 AM
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Default Gang enhancement charges?

I'm wondering how many others have children who were encarcerated with a gang enhancement charge.
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Old 06-20-2009, 06:51 AM
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I read up on this to understand your comment. My son was never in gangs. I wonder if your son can appeal the sentence?? It seems from what I read that this label adds to the length of the sentence, this is what I read:

Gang affiliation is an enhancement that prosecutors can add to a criminal charge. It is important to remember that most times a criminal charge becomes far more serious when made against an alleged gang member. Penalties and jail time are greater just because the crime is considered to have been "gang-related". If gang affiliation can be proven, the crime becomes a gang crime and the potential penalties may drastically increase. If you or a loved one has been accused of a crime, and there is a possibility the prosecution will be adding gang enhancements, you should speak to a lawyer who knows the law, and who will serve your needs. It is important to have an attorney who is not only comfortable defending gang members but also understands the pressures of society and different reasons that cause a person to join a gang. There are many reasons why people become gang members. Some of the reasons have to do with cultural background, protection, and survival.
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  #3  
Old 06-21-2009, 05:02 AM
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Default gang enhancement

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Originally Posted by jancy View Post
I read up on this to understand your comment. My son was never in gangs. I wonder if your son can appeal the sentence?? It seems from what I read that this label adds to the length of the sentence, this is what I read:

Gang affiliation is an enhancement that prosecutors can add to a criminal charge. It is important to remember that most times a criminal charge becomes far more serious when made against an alleged gang member. Penalties and jail time are greater just because the crime is considered to have been "gang-related". If gang affiliation can be proven, the crime becomes a gang crime and the potential penalties may drastically increase. If you or a loved one has been accused of a crime, and there is a possibility the prosecution will be adding gang enhancements, you should speak to a lawyer who knows the law, and who will serve your needs. It is important to have an attorney who is not only comfortable defending gang members but also understands the pressures of society and different reasons that cause a person to join a gang. There are many reasons why people become gang members. Some of the reasons have to do with cultural background, protection, and survival.

Thank you.........yes it adds on alot of time. I don't think he can apeal because he took a plea bargain.
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Old 06-21-2009, 08:07 AM
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I am glad he took a plea. My son took that as well rather than face a jury and that uncertainty. Hopefully your son will serve only part of this sentence!
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Old 06-22-2009, 08:26 PM
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Our state is starting to look hard at gangs and gang activity as well. I don't know up front if it adds extra time, but if they get in trouble in prison they can get extra charges if it's deemed gang related.

I'm so sorry you are dealing with this.
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Old 06-22-2009, 08:46 PM
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My son is being threatened with an enhancement. I'm trying to fight it. However, the lawyer hasn't returned my calls or emails which is only ADDING to my frustration. Basically the DA came in with a plea offer of 9 years. I've asked the attorney on which charges. He has 3 counts against him and there is a California Code Section that states if there is more than one possible charge for ONE crime, they can only go after them for the one that carries the highest sentence. My attorney hasn't answered my question about how they came up with an offer for 9 years and in the meantime they are saying that if we take the case further they are going to add the 10 year enhancement. Well, I say bring it on!! If only our attorney would f'ing respond to me!!!

I really hate the way the system works.

The way I read the law, a "gang" is described fairly specifically, however a "member" or "affiliate" of a gang is interpreted broadly.
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Old 06-22-2009, 09:54 PM
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I don't know why lawyers do that, it's not like you're harassing them, you hired them! They should be gratefull they have a job! I hope you find out something soon.
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Old 06-23-2009, 05:33 AM
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My son's attorney pointed something out to me. He was my son's attorney not mine. Attorney client priveledge does not apply. Had I accidently said anything even innocently I could have been called as a witness against my son.

I'm not sure that their motives for not returning calls are always that noble. It is frustrating to make a call and not get the courtesy of a return call. I know they are busy and to them time is money, but I think sometimes they forget where the money comes from.
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Old 06-23-2009, 08:10 AM
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oh and regarding appealing even though it's a plea you still can file an appeal. I pulled some appeal cases about that very topic last week. I don't have them with me (I am out of town) but when I get a chance I will put them up. I believe one of them was People v. Martinez, you can google it and find the one that is a California Appellate case. In that opinion it cites to other cases.
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