[don-o]

Texas police officers routinely “over-charge" offenders with EIOCA. This provides for a difficulty in successfully prosecuting most of these arrests. A knowledgeable criminal defense attorney can often convince the prosecutor to lower or dismiss the charge, because arresting officers often incorrectly think that EIOCA applies.

[AMDG&BVMH]

Re: application of EIOCA

This is interesting. It seems one misapplication of EIOCA is the failure to demonstrate an on-going combination among the three or more . . .

That caveat would not apply to the Cossacks, since their affiliation is obviously a continuous one.

It does not matter that the Cossacks were not previously on a list of known criminal gangs. That is not a requirement. The requirement seems to be three or more, conspiracy to engage in organized criminal activity, ongoing combination . . .

Interesting that the overt act under the conspiracy section need not be a criminal act but one of aid or support, etc.

So, the statue seems to apply to the Cossacks as well as the Bandidos, as long as the criminal activity in the affidavits applies to the Cossacks as a group at Waco and in their on-going combination. I am not conjecturing about that.

Probable cause would be the extent that it applied to a given person?