What does it mean to Engage in a Pattern of Corrupt Activity?
This very question , is one you might be asking yourselves if you live in Wood County, Ohio or Fairfield County , Ohio, but in the future it may be an issue for citizens all over the State of Ohio.
Engaging in a Pattern of Corrupt Activity, is defined by O.R.C. 2923.32, and states (in pertinent part) that it is the action of two or more persons that are involved in a criminal enterprise (more than one crime, and they need not be continuous). The wording of the statute is very broad, and frankly, very dangerous! This statute has been primarily applied in the counties above in the retail theft subject area. The penalty of this RICO-TYPE crime is a felony of the first degree, with possible punishment of up to twelve years in prison.
I have previously termed this statute, as the most dangerous statute that Ohio legislators, have ever passed. I will continue to say that, in fact, under the vague words of this law, almost anyone could be guilty of this crime. The only thing that a prosecutor must prove is that you have done something more than once. If that were the only requirement, almost every traffic infraction, parking ticket, and jaywalking citation could be adequate to charge citizens with a felony of the first degree.
There was some level of informal protection, in that this charge had previously been used only on defendants who committed dozens of crimes, over decades, thereby charging only the worst of offenders. However, those days are clearly behind us, now thanks to a cadre of professional zealous prosecutors, this charge has been used to charge a group of low level misdemeanor thieves, and pretend as though they jeopardize the freedom of the entire community in which they live.
Simply put, the criminal sentencing code, requires proportional sentences, not excessive and unnecessarily retributive sentencing. Because of this, the vanguard of the civil liberties of these defendants must be their attorneys, and their advocates. It is critical that the citizenry understand, that the very politicians that have been elected to represent your rights, have in one fell swoop permitted the criminalizing of a whole gamut of crimes, that should never punished in way they are.
If you have been charged with Engaging in a Pattern of Corrupt Activity, you MUST seek representation who has dealt with these charges before, in order to ensure that your rights are being represented. If you have any questions about this charge or any other criminal law issue, please contact my office at 614.230.5333, or email me at justinwright@jwrightlaw.com, for a no-cost consultation today.
