Long Beach Criminal Defense Lawyer Discusses the Law of Gang Registration

California law mandates that certain offenders have a duty to register with local law enforcement.  For example,  a person convicted of specified gang-related offenses must register with the chief of police of the city (Long Beach P.D. for instance) in which he or she resides, or the sheriff of the county if he or she resides in an unincorporated area. Registration is required if the person has been convicted of:

1). Active participation in and furtherance of felonious conduct by a criminal street gang under Penal Code 186.22(a)

2). Any felony for which a sentencing enhancement has been imposed under Penal Code section 186.22(b)(1).

3). Any criminal charge the criminal court has ruled is gang related at the time of sentencing or adjudication.  “Gang related” means related to a “criminal street gang” within the meaning of Pen C §186.22(e), (f). In Long Beach Superior Court, Gang-related crimes include, but are not limited to, all crimes committed for the benefit of, at the direction of, or in association with a criminal street gang. Nothing in the registration statutes precludes a court in its discretion from imposing the registration requirement in a gang-related crime.

According to one local Long Beach Criminal Defense Attorney the registration requirement has been found to be constitutional.  Gang-member registration under Pen C §186.30 is not punishment for due process purposes and, therefore, need not be based on proof beyond a reasonable doubt. The fact that the subject crime was gang related need only be shown by a preponderance of the evidence.  Registration is also required of juvenile offenders.  Failure to register as ordered can constitute a seperate felony violation of the law.

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