- When Are You Eligible for Parole in Texas?
- Engaging in Organized Criminal Activity | Law Office of Ed McClees
- What is the punishment for Engaging in Organized Crime?
So, effectively, the mere fact that at least three people were involved doubled the sentence in this example. The defendant did not commit the underlying offenses that are alleged to be part of the organized criminal activity. The State must prove, beyond a reasonable doubt, that at least three people were part of the criminal combination.
When Are You Eligible for Parole in Texas?
If there is a reasonable doubt about whether certain people really participated, so that the number may be less than three, then the defendant should be found not guilty. All three persons who are part of the alleged combination must intend to be part of a continuing course of criminal activity—not just a single transaction. For this defense, it is important for the defense lawyer to request a jury instruction on continuity.
Some judges will instruct the jury by repeating the language of the EOCA law. That language, however, does not clearly indicate that continuity is a prerequisite for a conviction, as the Nguyen case held. An EOCA charge is complicated, and it can make serious criminal charges even more serious.
Engaging in Organized Criminal Activity | Law Office of Ed McClees
If you or a loved one is charged with EOCA, you should make sure that you consult a criminal defense lawyer who has expertise with this statute. Click Here to access the online Public Inspection File.
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Commerce Home Crime Article. Author Recent Posts. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level.
What is the punishment for Engaging in Organized Crime?
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