Gang Crimes

Fighting Gang Allegations Requires a Philosophical, Conceptual, and Methodological Approach

Gang cases are unique. The community, prosecutors, judges, and even many defense lawyers view gang membership as a crime. It is not. Gang membership is a constitutionally-protected activity under the First Amendment. "Ethnic street gangs" are generally not "criminal street gangs." Understanding the difference between a group whose members commit crimes to further the group's criminal purpose, and a group whose members may separately commit crimes, is critical. This critical distinction is often lost on the judiciary and the bar, because of the hysteria brought about by the "War on Gangs." The punishment attendant to these charges can effectively mean life sentences for gang members whose crime was poverty, lack of education and disenfranchisement. Our office aggressively advocates in favor of removing the stigma of the gang charges, and, in turn, the criminal liability of such charges.

Goals in the Gang Case

Jacqueline Goodman Rubio brings to bear a vast knowledge of the law in the area of gang enhancements and street terrorism, as well as an in-depth understanding of Constitutional Law and how the problems of proof in gang cases implicate constitutionally protected rights under the First and Fourteenth Amendments. Her express goals in the aggressive defense of gang charges include holding the prosecutor to constitutional requirements of proof, educating the judge and limiting the admission of unreliable and damning evidence, such as "expert" testimony from the (hardly unbiased) gang cop, neutralizing the gang, and humanizing the client. Ultimately, the goal is to return the client to the position of any other accused person, and then destroy the case against him or her on the merits.

Civilized Societies are Marked by the Fair Treatment of Minorities

No one should suffer greater penalties simply by virtue of the color or shade of his skin, economic condition or social disenfranchisement. The disenfranchised, economically disadvantaged persons who belong to an identifiable ethnic group are the most at risk for wholesale social slaughter. These are the people for whom we must, as members of a civilized society, raise our voices and demand fairness and equality under the law. Anything less allows ignorance to prevail and renders useless the hard lessons learned with each passing generation. At the Law Offices of Jacqueline Goodman Rubio, we are committed to ensuring true justice and due process for anyone accused of crime.

Contact Us

For more information or to schedule an appointment with Jacqueline Goodman Rubio, an experienced Southern California defense lawyer regarding a charge of street terrorism or gang enhancements, please contact us.