Posts Tagged ‘gang’

One Dead in Possible Gang Shooting

Oct
04
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Photo: Nesster

An apparent gang-related shooting at a South Salt Lake reception center ended with one person dead and several other people injured last Saturday. Nearby witnesses heard what was described as fireworks-type noises, glass breaking, and observed people who may have been running away from the crime scene.

In addition to the one death, six people were hospitalized with either gunshot or knife wounds. Local police have been questioning people who were present at the time of the fighting, but haven’t received much cooperation. Apparently, many of the people had different gang affiliations.

Gangs are a concern in many areas throughout the United States, and Utah is no exception. There are some laws in Utah specifically addressing some gang issues, particularly criminal street gangs.

• A police officer does have the responsibility to disperse gang loitering in public places where loitering is prohibited, such as: sidewalks, streets, public parks, shopping malls, theatres, lobbies, elevators, etc. People who refuse to comply with this request will be subject to a class B misdemeanor and potentially a fine.
• Members of criminal street gangs who solicit, recruit, entice or intimidate a minor to join a criminal street gang are guilty of a class B misdemeanor, whether or not the minor actually joins the gang.
• If a member of a criminal street gang intimidates or causes a minor to commit or attempt to commit a criminal act, that gang member will be guilty of a class A misdemeanor.
• A criminal gang offender who has been convicted of a crime with an enhanced penalty may not have a dangerous weapon, ammunition or copy of a firearm in his possession within five years after his conviction. If a person violates this law, they are guilty of a class A misdemeanor.

Regardless of your circumstances, don’t wait to contact a Utah criminal defense attorney if you have been arrested for any crime. You deserve a solid defense as much as the next person. Find a criminal defense attorney who has a winning reputation and who will fight for you.

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Posted in Hiring a Lawyer, Utah Crime News | No Comments »

Police Illegally Searched Homes

Apr
24
Utah Criminal Defense Blog, on the topic of  Crimes, Dealing with Police
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Does the New York City police department finally have their act together when dealing with undocumented immigrants, who are allegedly involved in criminal activity? A study done by the Benjamin N. Cardozo law school that shows the findings of the immigrant gang raids done in New York and New Jersey in 2006 and 2007. The report shows that many armed immigration agents “had forced their way into private homes in violation of agency rules and the constitution”. These events spurred many lawsuits against the immigration agency accusing them of “illegally entering and searching their homes”. Just a few years later, is the immigration agency and the N.Y.P.D fixing up their act and targeting individuals who are of actual threat?  I.C.E. (Immigration and Customs Enforcement) says that they are “now focusing on capturing immigrants who pose a threat to public safety and security, rather than those with civil violations”. The question still remains, what classifies someone as a “threat”. It is not illegal to be part of a group;however if that group commits in criminal acts then it is illegal to associate with such a group.

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Illegal Gang Activity in Utah

Apr
08
Utah Criminal Defense Blog, on the topic of  Crimes, Utah Crime News, Utah Law
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The twenty-first annual Utah Gang Conference was held yesterday in order to discuss illegal gang activity and hundreds of people involved with law enforcement attended.  The conference provides a platform for those to speak out against gang violence and networking between law enforcement officers and members of the community.  Officers claim that gangs are expanding their gun and drug markets, which is leading to more violence throughout Utah.

Photo: Max Kiesler

Simply belonging to a gang is technically not illegal, as one is free in this country to associate with whomever one pleases.  However, Utah has passed legislation to punish gang members more severely if they are involved in breaking any laws.

For instance, simply hanging out in a public place with fellow gang members is considered gang loitering and you can be arrested if you don’t disburse at an officer’s command.  It’s a class B misdemeanor to solicit, recruit or intimidate a minor to join a gang that has been labeled as “criminal” and a class A misdemeanor to intimidate or otherwise cause a minor to commit any misdemeanor criminal offense.  Furthermore, penalties are enhanced by a full degree for any offense against the person such as assault, harassment, murder, rape and human trafficking.  So, if it’s been deemed that gang activity or a gang member is involved in the crime, a class B misdemeanor becomes a class A, a class A misdemeanor becomes a third degree felony and so on.

Utah may seem overly harsh when dealing with members of gangs, especially with enhanced penalties, simply because they belong to a gang.  Legislators might not fully take into consideration the reasons why one might join a gang in the first place.  Some join because they feel they must in order to survive on the streets.  Others join because of peer pressure and fears of what gang members might do to them if they don’t join. Another reason one might become involved in a gang is that the gang subculture is simply what they’ve grown up with and know.

If you’ve been accused of criminal activity and it’s been deemed to be gang related, hire an attorney who will see you as an individual and not as an outcast of society.

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Posted in Crimes, Utah Crime News, Utah Law | No Comments »

Falsely Accused of being a Utah Gang Member?

Feb
11
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Constitutional Rights, Dealing with Police, Utah Law
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Photo: vabellon

Wearing certain clothing, being in a certain place, or being of a certain racial minority could possibly identify you as a gang member to police.  Seems unfair?  It is.  And during the 2009 Utah Legislative session, lawmakers made it easier for police to arrest innocent racial minorities for standing in the wrong place for too long and accuse them of being a member of a gang.

Senate Bill 16 (which was passed and is now law), sponsored by Senator Jon Griener (who is the Odgen City Police Chief), allows police officers to confront a group of people and tell them to disperse.  The only requirements are that the police officer must “reasonably believe” that the group includes at least one gang member and the area where people are in is a “gang area.”  There is no limitation on how big the “area” can be, so a “gang area” could be the entire city of West Valley.

If you don’t disperse, the police officer can arrest you and will be charged with a class B misdemeanor and a $100 fine.

So imagine that you are standing in front of your house on the sidewalk with your friends, two who are a racial minority.  You live in a safe place in West Valley, but the entire city has been designated a “gang area” because the mayor is “tough on crime.”  A West Valley police officer comes up to you and your friends and tells you that you can’t stand on the sidewalk.  When you point to your house, he accuses you of refusing to leave and arrests all of you.  Even though your friends aren’t gang members, the police only has to “reasonably believe” that someone is a gang member.  Because most gang members are racial minorities, the police can target anyone who looks a certain way or has a darker skin color.

Although the First Amendment of the United States Constitution guarantees citizens a right to assemble (meaning that they can gather in public without fear of arrest), Utah’s new law goes against that right.  If police make a group of people with no gang affiliation disperse, they have violated that group’s constitutional rights.

If you were arrested and accused of being a gang member, you should contact a skilled Utah criminal defense lawyer who can help you claim your innocence.

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Posted in Constitutional Rights, Dealing with Police, Utah Law | No Comments »