Practice Tips

  • SUSPECT COMMITTED AN UNDERLYING CRIME AS DEFINED IN STATUTE

IF “NO” – STOP

  • SUSPECT IS A GANG MEMBER
    • THE EXISTENCE OF THAT SPECIFIC GANG
      • 3 OR MORE PERSONS
      • INDIDIVUDUALLY OR COLLECTIVELY ENGAGING IN A PATTERN OF CRIMINAL ACTIVITY
      • TWO OR MORE UNDERLYING CRIMES NOT PART OF THE SAME INCIDENT
      • HAS ONE OF IT’S PRIMARY OBJECTIVES ONE OR MORE UNDERLYING CRIME
      • HAS AN AVERT OR COVERT COMMAND STRUCTURE

IF “NO” TO ANY ABOVE – STOP

  • DOES THE SUSPECT KNOW THAT THE GROUP IS ENGAGED IN A PATTERN OF CRIMINAL ACTIVITY

IF “NO” – STOP

  • DID THE SUSPECT KNOWINGLY AND WILLFULLY DIRECT OR PARTICIPATE IN AN UNDERLYING CRIME FOR THE BENEFIT OF, AT THE DIRECTION OF, OR IN ASSOCIATION WITH A CRIMINAL GANG

IF “NO” – STOP

IF YOU ANSWERED YES TO ABOVE, THEN CONSIDER PROSECUTING – PLEASE TAKE THE TIME TO REVIEW ALL OF THE RESOURCES ON THE SITE TO ASSIST YOU IN DEVELOPING YOUR CASE.