Detroit Gang Violence Lawyer

Federal Prosecutors Use Anti-Mafia Laws to Target Street Gangs

In 2014, a dozen members of a violent Flint street gang known as the Howard Boys were arrested after a concerted effort by local, state, and federal law enforcement. They were not prosecuted under Michigan’s gang laws. Instead, federal prosecutors brought charges under the Racketeer Influenced and Corrupt Organizations Act (RICO). Since then, more and more suspected gang members in Michigan have been facing federal gang charges.

Signed into law in 1970 by President Nixon, RICO was originally intended to assist in the prosecution of national criminal organizations such as the mafia. But in recent years, the legislation has proven its usefulness in the prosecution of street gangs. RICO is useful to prosecutors because it casts a wide net: anyone from street soldiers to shot callers may be prosecuted in the same case, along with anyone who may have conspired—but did not commit—any criminal activity.

Specifically, federal prosecutors can charge people with violating RICO when they commit two or more of the following infractions within a ten-year period as part of a criminal enterprise or gang:

• Violating state laws against gambling, drug trafficking, murder, arson, kidnapping, bribery, extortion, robbery, or dealing in obscene material
• Violating federal laws against counterfeiting, murder-for-hire, bribery, theft, fraud, embezzlement, dealing in obscene materials, slavery, obstruction of justice, racketeering, money laundering, or gambling
• Embezzling union funds
• Committing fraud in relation to securities or bankruptcy
• Practicing criminal copyright infringement
• Money laundering
• Assisting aliens to enter the country illegally and profiting from it
• Committing acts of terrorism

If convicted, you will receive a maximum sentence of 20 years in prison and $25,000 in fines for each racketeering charge. Furthermore, you will have to pay back any illegally obtained gains or any business interests received through the racketeering activity.

How a Detroit Gang Violence Lawyer May Help

Whether you’re facing charges under federal or state law for your alleged involvement with a gang, you will need a skilled and dedicated violent crimes attorney by your side to obtain a positive case outcome. It may be possible to defend your case using any of the following strategies:

• Suppressing the prosecutor’s evidence—If the police obtained evidence by violating your rights, the prosecutor cannot use that evidence against you at trial. But this process isn’t automatic—your lawyer must file a motion to suppress to get the illegal evidence excluded. For example, if the police searched your home or office without a valid search warrant, emergency circumstances, or your consent, any incriminating evidence they found may be removed from the case.
• Proving Reasonable doubt—To obtain a conviction for gang violence, the prosecutor must prove every element of the case beyond a reasonable doubt. A skilled Michigan criminal defense lawyer will be able to reinterpret the prosecutor’s evidence and challenge his or witnesses to show that there is doubt as to whether you are actually a gang member, whether you committed a violent crime, and whether the commission of the crime was related to your alleged gang membership.
• Negotiating a plea deal—When the prosecutor’s evidence is so strong that a victory at trial seems unlikely, it may be in your best interest to save the expense of going to trial and to accept a plea agreement instead. This means that you will plead guilty, and in exchange, you will receive the guarantee of a lenient sentence or a conviction for a less serious charge. The better your lawyer’s negotiating skills, the better the plea deal you will receive.

Every case is different, so you should consult with a knowledgeable attorney to learn more about your options. If you are facing charges for alleged gang violence, call the Davis Law Group today at (313) 818-3238 for a free and confidential consultation of your case.