Tulsa, OK asked in Criminal Law for Oklahoma

Q: If you’re caught by gang force with a gun can u be charge with a gang related offense??

I was harassed by gang task force after I got off work I was sittin in a parking lot when they rolled up on me and search my car.. for no reason.no traffic stop or nothing just came to my car?? Charge me with poss of firearm and a gang related offense I was the only one in the car

Related Topics:
1 Lawyer Answer
William Jaksa
William Jaksa
Answered
  • Criminal Law Lawyer
  • Toronto

A: Laying the charges and proving the charges are two different issues. The police can lay the charges if there is a foundation and the officer reasonably believes that there is a gang affiliation. Proving that you are a gang member in court is an entirely different issue that certainly will not be proved because you were found sitting in a car with a firearm. They will need to call evidence proving your association to a gang. Sometimes prior prison records showing gang connections is considered enough evidence. Often Prosecutors will try and showing gang connections by tattoos, gang symbols on clothing, social media posts, friendships to known gang members, evidence from other police officers that may have knowledge of specific gangs.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.