Legal Question in Constitutional Law in California

This man was arrested about a month ago in the state of california for possession of narcotics and controlled substances also intent to sell , the police also stated that he was from a gang thats not even from this county which will give him his first 2 strikes, they cant prove that he is from any gang, he was alone at the time of his arrest, but the arresting officer got on stand at the preliminary hearing under oath and lied stating that this man told him he was from a gang, then the gang expert got on stand stated that they never seen or had this man in their gang files nor under investigation of ever being in a gang. If he goes to trial do you think that the gang charges will be dismissed and if so he has 2 prior prison terms, how long do you think he will get for these new drug charges? Can they add gang enhancments?

Asked on 8/04/09, 2:44 am

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If gang is rejecting to recognize you then they cannot charge u for gang. But they have to prove it else no charge.

Regards

KAMAL GROVER,

Advocate (Chandigarh, India)

Answered on 8/06/09, 10:50 pm

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