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Requiring a convicted defendant to not associate with ?suspected? gang members is not a proper condition of probation

By Walin & Klarich

As a result of a recent decision by the California Courts of Appeal, 6th District, a probation condition requiring that a defendant avoid associating with individuals who are known, or suspected, to be gang members is unconstitutionally vague. Mario Gabriel pled guilty to charges that included having unlawful possession of a concealed firearm. Convicted in 2009, Gabriel was placed on probation for three years. Among the various conditions of probation imposed by the trial court was the requirement that Gabriel avoid any contact or association with known or suspected gang members, drug users, probationers, or parolees. Gabriel appealed to the 6th District, contending that the condition failed to provide adequate notice of expectations, thus making it too vague to properly comply with or enforce...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 09, 2010 (boomark / email).