Will I Go to Jail if My Motorcycle Club is Investigated for Criminal Activity in California?

When law enforcement starts looking into motorcycle clubs, it can be a nerve-wracking experience, especially if you’re a member. You’re probably wondering, “Will you automatically face charges or go to jail just for being part of the club?”

The short answer is no—not everyone in a club is guilty of a crime just because an investigation is underway. But, understanding how these situations unfold and what rights you have is crucial to protecting yourself. Let’s break it down.

Criminal Liability for Motorcycle Club Members in California

The most important thing to understand is that simply being a member of a motorcycle club, even one suspected of illegal activity, does not make you inherently criminal. In the United States, we have a Constitutional right to freedom of association. This means you can’t be prosecuted solely for belonging to a particular organization.

However, if you’re found to have actively participated in or aided criminal acts carried out by the club, you could face serious legal consequences. California law takes a tough stance on gang-related crimes, which can include activities conducted by outlaw motorcycle clubs.

The Impact of California’s Gang Enhancement Laws

Under California Penal Code Section 186.22, also known as the California Street Terrorism Enforcement and Prevention (STEP) Act, committing a felony for the benefit of a gang leads to enhanced penalties. If your motorcycle club qualifies as a “criminal street gang” under this law, and you’re convicted of a gang-related felony, you could face:

• An additional 2-4 years in prison for a “generic” felony
• An extra 5 years for a “serious” felony
• 7-10 more years for a “violent” felony

What makes a group a “criminal street gang” under PC 186.22? The law defines it as any ongoing organization, association or group of 3+ people that:

1. Has a common name or identifying sign/symbol
2. Has members who individually or collectively engage in a pattern of criminal activity
3. Has as one of its primary activities the commission of certain enumerated offenses

So, depending on its history and activities, your motorcycle club could potentially be classified as a criminal street gang, making members subject to these enhanced penalties if convicted of gang-related felonies.

Crimes That Could Be Linked to Motorcycle Clubs

Some of the offenses most commonly associated with outlaw motorcycle clubs include:

• Drug manufacturing and distribution
• Weapons offenses
• Assault and battery
• Extortion and racketeering
• Theft and robbery
• Prostitution and human trafficking
• Money laundering

If you’re found to have engaged in these types of criminal activities as part of your motorcycle club’s operations, you could face charges regardless of your rank or status within the organization.

Investigating Your Role and Culpability

To determine your level of legal exposure in a motorcycle club investigation, authorities will closely examine factors like:

• Your specific role and duties within the club
• Evidence tying you to planning or carrying out illegal acts
• Your prior knowledge of criminal activities
• Any actions you took to promote or facilitate crimes
• Whether you shared in profits from illicit enterprises

Even if you didn’t directly commit a crime, you could still potentially face conspiracy or aiding and abetting charges depending on your level of involvement.

Protecting Yourself During a Motorcycle Club Investigation

If your club is under investigation, here are some key steps to protect your rights and interests:

1. Remain silent. Remember your 5th Amendment right against self-incrimination. Don’t make statements to police without an attorney present.
2. Retain experienced legal counsel immediately. A skilled criminal defense lawyer can assess your situation and start building your case right away.
3. Distance yourself from club activities. Don’t attend meetings or events during an active investigation. Further participation could compound your legal issues.
4. Don’t destroy or conceal evidence. This could lead to additional charges of obstruction of justice. Let your attorney advise you on dealing with any relevant materials.
5. Assert your Constitutional rights. Don’t consent to searches of your person, vehicle, phone or homes. Make police get warrants unless your lawyer okays it.

If you are arrested or charged, continue to exercise your right to remain silent, insist on having your attorney present for all questioning, and comply with all court orders and appearances. Cooperate with your legal team to mount the strongest possible defense.

The Value of Experienced Defense Counsel

Facing a motorcycle club prosecution in California is an enormously stressful and high-stakes situation. There may be pressure to inform on other members or cut deals with prosecutors to avoid lengthy prison sentences.

In these difficult circumstances, having a battle-tested criminal defense attorney in your corner is absolutely essential. A lawyer who understands the nuances of gang investigations and has experience defending against these types of charges can provide critical guidance and advocacy when you need it most.

At the Nieves Law Firm, we have a deep understanding of the tactics and techniques used in motorcycle club investigations and prosecutions. Our seasoned attorneys know how to strategically assess the evidence, exploit weaknesses in the state’s case, and fiercely fight for our clients’ futures.

If you or a loved one is facing legal trouble connected to a motorcycle club in California, don’t wait to get help. Contact us for a personalized consultation, and put our skills, knowledge and dedication to work defending your freedom and protecting your rights.