OFF THE WIRE
If you’ve been accused of a gang-related crime, the gang enhancements can add more time to a sentence than the underlying crime. For example, a home invasion robbery conviction normally means 6 years in prison (sentencing range is from 3 years for mitigated to 9 years for aggravated, with 6 being the mid-term). A home invasion robbery with a gang enhancement brings 15 years to life. Under Penal Code section 190.2, subsection 22, a murder becomes a “special circumstances” murder — the death penalty is possible — if it is committed by a gang member and the jury decides the murder was done for the benefit of a criminal street gang.
Winning In gang Cases Even Before Becoming An Attorney
I have been directly involved in gang cases since my first day as a student intern for criminal law specialist David Mugridge. In 2004, working with another attorney, I successfully challenged the constitutionality of a gang injunction; the judge agreed that part of the injunction was unconstitutional and the client was never convicted on charges of having violated that injunction. David Mugridge extensively utilized my knowledge in writing and arguing gang motions and appeals. After I was sworn in, with Dave’s recommendation, a client who had been previously-convicted in a Hell’s Angels gang case transferred from Dave’s office to mine.
In 2007, in a special circumstances murder trial, I successfully argued to keep all gang evidence out of the trial. The case did not involve gang issues, but as so often happens, the prosecutor wanted the jury to hear about gangs because he knew it would create prejudice which would help to convict the client. Although I was not “first chair,” I wrote, filed and argued motions which resulted in a ruling that, since it was not a gang case, there would be no evidence concerning gangs during the trial and no gang cop would give his opinion to the jury to prejudice them. The case would be solely determined on the evidence relating to the murder.
When it comes to gang defense, why not go to the guy others refer to as “the shot caller.”
In 2007, in a special circumstances murder trial, I successfully argued to keep all gang evidence out of the trial. The case did not involve gang issues, but as so often happens, the prosecutor wanted the jury to hear about gangs because he knew it would create prejudice which would help to convict the client. Although I was not “first chair,” I wrote, filed and argued motions which resulted in a ruling that, since it was not a gang case, there would be no evidence concerning gangs during the trial and no gang cop would give his opinion to the jury to prejudice them. The case would be solely determined on the evidence relating to the murder.
Defending Gangs in Trials and Appeals
My experience is not limited to the trial court. I have written numerous appeals in gang cases and handled the oral argument for another attorney in a gang case before the Fifth District Court of Appeal in June of 2007. This experience in both appellate and trial courts works to your advantage.Known As “The Shot Caller” On Gang Defense
My focus on the gang laws earned me a reputation throughout the criminal defense community. In addition to defending gang cases on my own, I have assisted other attorneys with advice concerning gang enhancements in assaults, robberies, and murder cases. Shortly after opening his solo practice, Ciummo & Associates asked me to speak to attorneys from various counties serviced by their law firm concerning how to defend gang cases. Other law firms hire Rick to advise, research and write gang motions in their cases.When it comes to gang defense, why not go to the guy others refer to as “the shot caller.”
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CALL (559) 233-8886 TODAY!
CALL (559) 233-8886 TODAY!
