The Federal government as well as the state of Texas both have organized crime laws and can prosecute for this offense. If the so-called criminal organization is a big outfit, and there is a great deal of check fraud
involved, the Federal government tends to prosecute. Their penalties are much more stiff than the state, in general. And their plea possibilites are more limited as well.
This sounds to me like a state case.
The bail is high because the state is alleging that your son is part of a group of criminals working together as an organized unit to defraud and pass forged checks. A regular check forgery case is a Class 3 Felony in Texas. Under this section, as part of organized criminal activity, it gets bumped up a level. So your son is fighting a class 2 Felony.
I am going to post the relevant section of the law he was charged with below. I will highlight the elements of the crime that the state will have to prove here to show that he was part of an effort engaging in organized criminal activity:
§ 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
(a) A person commits an offense if, with the intent to establish,
maintain, or participate in a combination or in the profits of a
combination or as a member of a criminal street gang, he commits or
conspires to commit one or more of the following
(1) murder, capital murder
, arson, aggravated robbery
, robbery, burglary, theft
, aggravated kidnapping
, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, forgery
, deadly conduct, assault punishable as a Class A misdemeanor
, burglary of a motor vehicle, or unauthorized use of a motor vehicle;
Text of subsection (b) as amended by Acts 1993, 73rd Leg., ch. 761,
(b) Except as provided in Subsection (c) of this section, an
offense under this section is one category higher than the most
serious offense listed in Subdivisions (1) through (10) of
Subsection (a) of this section that was committed
, [This is what I mentioned above. His forgery charge, a class 3 felony if all by itself, would move up one category because it's part of a bigger picture and become a class 2 felony as a result].
This will be indicted (placed before the Grand Jury). There is always a possibility of a plea offer. The question is whether they will give him one he'll be happy to take.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.