Some prosecutors and state investigators out there believe that if there are three participants in an alleged offense, then there is evidence of “Engaging in Organized Criminal Activity.” Not so. At least not every time.
As THIS ARTICLE from TDCAA explains, the State needs more if it wants to charge someone in Engaging in Organized Criminal Activity.
Says law school pal of ours, Ben Hoover:
“When it comes to proving an EOCA case in Texas, there is more required than just proving that three or more persons committed a crime or even multiple crimes. The law requires proof of an ongoing course of criminal activity.”
Ben provides several good case references in the article which give examples of fact scenarios where the courts of appeals have held the certain conduct did not constitute Organized Crime. Check it out. It helped us get a EOCA charge dismissed recently. It may help you too.