Individuals in the database may face heightened scrutiny.
In California, the state has long worked to end criminal activity associated with gangs. One way that it has worked towards this goal is through the use of CalGag — a statewide database that contains the names of suspected gang members. There are more than 88,000 Californians currently listed in CalGang.
While this database may be useful in stomping out gang-related crime, it also has the potential for abuse. In recent years, it was revealed that the Los Angeles Police Department (LAPD) had falsified entries into the CalGang system. Officers from the LAPD allegedly falsified field interviews with suspected gang members and then entered new names into CalGang.
In 2018, the California legislature gave the attorney general oversight over CalGang after an audit of the system found that it contained suspicious entries. In some cases, children as young as 1 year old were entered into CalGang. Attorney General Xavier Becerra froze the database while it was under review, and removed thousands of records. Since the review ended, however, thousands more entries have been added to the system.
Becerra recently announced that it will be investigating the LAPD’s use of the CalGang sytem.. This will include an independent audit of some records entered by the LAPD, a review of the agency’s internal controls and policies for CalGang’s use, and observation of the LAPD’s retraining sessions. The LAPD puts more people into CalGang than any other law enforcement in California. In a one year period between November 2017 and October 2018, officers with the LAPD made 20,583 entries into the system.
Critics of the CalGang system argue that there are few standards to follow when deciding who to enter into the system. Currently, law enforcement officers can add a person to the database based on the clothing that they are wearing, what neighborhood the police spotted them in, and identification by “reliable sources.” There may lead to racial profiling — as the majority of the individuals entered into the database are Black and Latino men.
According to a criminal defense attorney in Los Angeles, CA, this type of oversight is particularly important given the way that CalGang is used to investigate and prosecute crimes. If you are in the database, then that fact may count against you if you are suspected of a crime. In addition, membership in a gang may lead to additional criminal charges or sentencing enhancement.
It is a crime in California to participate in a criminal street gang and assist in any felony conduct by fellow members. This offense may be charged as either a misdemeanor or felony, and is punishable by up to 1 year in county jail — or as long as 3 years in state prison. Separately, if a person commits a felony offense for the benefit of a gang, they will receive a mandatory prison sentence on top of any penalty that they may receive for the underlying offense. This sentencing enhancement may be anywhere from 2 years to 25 years to life in prison.
Because of the potential to be charged with a crime — or have your sentence for a criminal offense be substantially increased — being put into CalGang can have a serious impact on your freedom. If you are charged with being in a crime or committing a crime for a gang, a criminal defense attorney in Los Angeles, CA can defend you.
The Chambers Law Firm represents individuals who have been charged with a range of crimes, including those linked to street gangs. We zealously advocate for each of our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
