The Nuts and Bolts of Gang Registration

In Long Beach, as is the case anywhere else in the state of California, a person convicted of specified gang-related offenses must register with the chief of police of the city in which he or she resides, or the sheriff of the county if he or she resides in an unincorporated area. Gang Registration is required if the individual has been convicted of any of the following crimes:

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 §186.22(b)(1)

3. Any crime the court has determined is gang related at the time of sentencing or disposition. Penal Code §186.30(b)(3).

“Gang related” means related to a “criminal street gang” within the meaning of Penal Code §186.22(e)(f). 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, as determined by recent CA Supreme Court decisions. However, nothing in the registration statutes precludes a criminal court in its discretion from imposing the registration requirement in a gang-related crime, according to one long time Criminal Lawyer in Long Beach.

The registration requirement has been found to be constitutional. See, for example the case of People v Bailey (2002) 101 CA4th 238. Gang-member registration under Pen C §186.30 has been determined to not constitute 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 based on a standard of “more likely than not”.  Those facing the possibility of gang registration should speak to a qualified criminal attorney in Long Beach.  The consequences of such registration can indeed be very daunting and long-lasting.

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