According to law enforcement, almost any loose association with a group of people can indicate membership in a gang. When some of those associates commit crimes, law enforcement frequently imputes those crimes to the group, and identify the group as a “criminal gang”. Every major urban police force in Florida has a Gang Unit, that tries to develop lists of alleged gang members. A person may be considered by the police a member of a gang without him even knowing it.

Florida Statute Chapter 874 defines and provides for enhanced punishments for what are considered gang-related offenses. If the prosecution can connect the criminal activity with the gang, then the punishment for the crime increases. Florida Statute Section 874.05 prohibits “causing, encouraging, soliciting, or recruiting” membership in a gang, and provides for imprisonment of up to 15 years. Allegations, even if unproven, of an association with a gang can hinder a case’s resolution because the prosecution and the Court may only be willing to accept a sentence that is harsher than would otherwise be the case. Being an organizer or leader of a gang pursuant to Florida Statute Section 874.10 can carry up to a life sentence.

The State and Federal law enforcement cooperate in the investigation of gang activity, particularly if its alleged activities cross-over into different counties within the State of Florida. If a case is brought in State Court, it could be prosecuted by the local State Attorney’s Office or the Statewide Prosecutor’s Office. Large-scale gangs are frequently prosecuted in Federal Court.

In addition to the gang-related charges, the defendants will typically be prosecuted under the State Racketeering Influence and Corrupt Organizations Act (“RICO”). Florida Statute Section 895.03. A conviction for racketeering can carry up to a 30-year prison sentence. Racketeering charges are used to connect a “pattern of racketeering activity” committed by “associates” of an “enterprise”. In these cases, the State seeks to hold every defendant responsible for the criminal activity of all of those associated with the “enterprise”.

Prosecutors can use the racketeering statute to connect otherwise unrelated criminal activity into one big all encompassing case that makes all the defendants look guilty. The danger to anyone unfortunate enough to be accused of gang-related or racketeering offenses is guilt by association. The defendant may find his case determined by the actions and intentions of his alleged associates rather than his own.

Florida’s Racketeering Statute is similar to the Federal RICO Statute, and the Florida Courts interpret its provisions using Federal law. The legal issues are complex, and an attorney experienced in both Federal and Florida racketeering and gang prosecutions is necessary to ensure the best possible result.

Charles G. White has represented alleged gang leaders in both State and Federal Court. He represented the leader of the Latin Kings in State Court and the leader of the Outlaws Motorcycle Club in Federal Court. He secured a dismissal of an alleged member of the Yahweh religious organization at trial in which he had been charged with four murders, and represented its leader, Yahweh Ben Yahweh, in post-conviction litigation. He has also represented persons who were believed to be gang-affiliated, and has been successful in defending against that enhancement. Mr. White is familiar with the issues, both factual and legal, in racketeering and gang-related cases.

Obtaining Legal Assistance

If you or someone you know is accused of a State crime, it is important to have an attorney well-versed in the practice of criminal law on both sides of the courtroom to provide the best representation. Charles G. White has represented hundreds of clients in State Courts throughout the State of Florida. He has the experience and knowledge essential to obtain the best possible results. Charles G. White. He has over 34 years of experience with these types of cases and will defend you and your rights.