The prosecution claimed that the man was still associated with gangs.
California maintains a database of people who are believed to be associated with gangs, known as CalGang. This database is used for a number of purposes, including criminal investigations and prosecutions. It can have a major impact on a defendant’s criminal case, as the information contained in the CalGang database can make a prosecutor more or less likely to cut a deal — and could even be introduced to a jury as evidence that a defendant is associated with a gang.
Yet despite the significance of inclusion in this database, the CalGang database has been shown to have errors. For example, a 2016 state audit demonstrated that CalGang listed more than 40 infants as gang members. Other people were scheduled to stay in the database for up to 100 years, far longer than the mandatory 5 year limit for inclusion in the database. Some people were included in the database without proper evidence of gang affiliation. According to a criminal attorney Los Angeles, CA, this database has also been used by Immigration and Customs Enforcement (ICE) agents — which means that people who are unfairly included in the database could be subject to deportation.
Recently, a San Diego man challenged his inclusion in the CalGang database. Tyrone Simmons sued the San Diego Police Department, saying that while he used to be in a gang, his involvement ended 10 years ago — and so his name should have been removed 5 years ago. Despite his claim, the prosecutor stated that Mr. Simmons was still affiliated with gangs, and the judge ruled in the city’s favor. However, as a criminal attorney Los Angeles, CA can explain, the problem is that Mr. Simmons has no way of knowing what information the prosecution has that he is still affiliated with gangs. The prosecutor requested a private meeting with the judge to show her privileged information about his supposed gang affiliation, which may have been testimony or evidence provided by a confidential informant. However, if Mr. Simmons cannot know what the information is, it is virtually impossible for him to argue against it. He plans to appeal the ruling; until that time, his name is scheduled to be removed from the CalGang database in 2019.
As noted above, inclusion in the CalGang database can have a serious impact on a person’s life, particularly if they are suspected of, or charged with, a crime. For example, if a person is charged with a crime, a prosecutor may decide to add a sentencing enhancement for gang affiliation — which can add years onto a sentence. This sentencing enhancement also allows prosecutors to introduce evidence about alleged gang activity, which a criminal attorney in Los Angeles, CA believes can prejudice a jury against a defendant. That is why being wrongfully included in the CalGang database can lead to a miscarriage of justice.
At the Chambers Law Firm, we understand how the police and prosecutors use the CalGang database. As a former prosecutor, attorney Dan E. Chambers puts his knowledge of the system to work on behalf of his clients. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal attorney Los Angeles, CA.
