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Gang injunctions are civil suits that are requested and used to prohibit a certain group from entering a specific area. In short, these are restraining orders for gangs that allegedly exercise destructive behavior or are a nuisance to the public. In every case, a gang injunction names specific individuals, specifies a certain area, which is often referred to as the “safety zone,” and prohibits the group from participating in certain activities, such as:
- Wearing specific styled or specific colored clothing
- Possessing narcotics
- Acting as lookouts for others
Violators of any activities that are directly listed in the injunction can be held in contempt of court, meaning the violator will receive a sentence for that illegal activity and will also face a sanction in addition to that sentence for violating the court order.
What If a Person Violates a Gang Injunction?
A violation of a gang injunction is treated as a violation of a court order, meaning that a violator can face costly fines and serious jail time. California laws state that violations of such are punishable by up to $1,000.00 in fines and a maximum of 6 months in jail.
Can a Gang Injunction Be Removed?
A person who has been named in a gang injunction could contest the injunction by attending court. The burden of proof of a case involving such an injunction is carried out by the governing body, which must prove the need for the injunction. If the court does enforce the injunction but the person would like to be removed from the injunction, they can file a petition and proceed through an opt-out process. In most cases, this process requires a petition to be removed as well as a face-to-face interview with a district attorney.
What Will a Petition Include?
A petition will require an individual to provide information and proof of scholastic history, employment, and other sources of evidence that prove the person is not involved in gang activities. From there, the district attorney will make a decision regarding the outcome.
Should I Involve an Attorney if I Wish to Be Removed from a Gang Injunction?
A gang injunction imposes serious limitations on an individual, and often, these types of cases become very complex. For this reason, it is important for a person who wishes to petition for removal involve an experienced criminal defense attorney in his or her case right away. An experienced lawyer can examine the details of the case and ensure necessary forms of evidence are provided in order to pursue a positive outcome.
Call Lessem, Newstat & Tooson, LLP for Expert Defense
At Lessem, Newstat & Tooson, LLP, our legal team of Los Angeles criminal defense lawyers works diligently to protect the rights and futures of our clients. If you have been included in a gang injunction, get in touch with our team right away. We are ready to put our experience and skill on your side of the court room
To speak with a Los Angeles criminal defense attorney, call us today!