Texas prosecutes gang recruitment and gang leadership as separate felonies. Penal Code § 71.022 makes coercing, inducing, or soliciting membership in a criminal street gang a third-degree felony, and § 71.023 makes financing, directing, or supervising gang crimes a first-degree felony with a 25-year minimum. Below: the controlling statute text, the verified punishment ranges, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
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Published 2026-07-05 · Reviewed by Reggie London and Njeri London, Co-Founding Partners · Last reviewed: 2026-07-05
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Controlling statutes:Texas Penal Code § 71.022 (recruitment) · § 71.023 (directing activities) Classification: Third-degree felony (§ 71.022; second-degree felony if second or subsequent offense) · First-degree felony with enhanced range (§ 71.023) Punishment range: 2–10 years in prison + fine up to $10,000 under § 12.34 (§ 71.022 first offense); 2–20 years under § 12.33 (repeat); life or 25–99 years under § 71.023(b), plus a fine up to $10,000 under § 12.32(b)
What Do §§ 71.022 and 71.023 Criminalize?
Chapter 71 of the Texas Penal Code attacks gang crime from three angles. Section 71.02 — engaging in organized criminal activity — punishes committing crimes for a gang or combination. Section 71.022 punishes building the gang's membership. Section 71.023 punishes running the organization. This page covers the last two, which are charged less often than § 71.02 but carry consequences that are just as serious — and in the case of § 71.023, dramatically more serious.
§ 71.022 — Coercing, Inducing, or Soliciting Membership
Under § 71.022(a), a person commits an offense if the person "knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang or foreign terrorist organization which, as a condition of initiation, admission, membership, or continued membership, requires the commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or a felony."
Two features of that language decide real cases. First, the five conduct verbs sweep broadly — "enables" and "encourages" reach behavior well short of a formal recruitment pitch, which is why vouching for a prospect or driving someone to an initiation can draw a charge. Second, the State must prove something about the organization, not just the defendant: that the gang conditions initiation, admission, membership, or continued membership on conduct punishable as at least a Class A misdemeanor. The recruit never has to join, and no underlying crime has to be completed — the offense is finished at the moment of recruitment.
Subsection (a-1) adds a child-protection variant. A person commits an offense if, with intent to coerce, induce, or solicit a child — defined by § 71.022(d) as an individual younger than 17 — to actively participate in the activities of a criminal street gang or foreign terrorist organization, the person threatens the child or a member of the child's family with imminent bodily injury, or causes bodily injury to the child or a family member. "Family" carries the broad definition assigned by Family Code § 71.003.
§ 71.023 — Directing Activities of Criminal Street Gangs
Section 71.023(a) targets the top of the org chart. A person commits an offense if the person, "as part of the identifiable leadership of a criminal street gang or foreign terrorist organization, knowingly finances, directs, or supervises the commission of, or a conspiracy to commit," one or more listed offenses by members of the organization. The predicate offenses come in three categories:
Article 42A.054(a) felonies — the enhanced-supervision list in the Code of Criminal Procedure: murder, capital murder, aggravated kidnapping, trafficking of persons, sexual assault, aggravated sexual assault, aggravated robbery, compelling prostitution, sexual performance by a child, child pornography, and other serious felonies;
Deadly-weapon felonies — any felony in which a deadly weapon, as defined by Penal Code § 1.07, was used or exhibited during the offense or immediate flight; and
Top-bracket drug offenses — the largest-quantity manufacture, delivery, and possession offenses under the Health and Safety Code, including 200 grams or more of a Penalty Group 1 substance (§ 481.112(e), (f)), the highest fentanyl brackets (§ 481.1123(d)–(f), added to the list in 2021), possession of 400 grams or more (§ 481.115(f)), and delivery of more than 2,000 pounds of marihuana (§ 481.120(b)(6)).
Both sections were expanded by Senate Bill 1900 (88th Legislature, 2023), which added foreign terrorist organizations — defined by § 71.01(e) to include drug cartels operating at least partially outside the United States — alongside criminal street gangs, effective September 1, 2023. A "criminal street gang" itself is defined by § 71.01(d) as "three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities."
What Are the Penalties? Classification & Punishment Ranges
The grading below was verified against the current statute text, which reflects all amendments through the 2023 legislative session and remains current following the 89th Legislature (2025). Section 71.022 is graded by subsection (b) and enhanced by subsection (c); § 71.023 carries its own enhanced first-degree range in subsection (b).
§ 71.022 — Gang recruitment penalties
Scenario
Classification
Confinement
Maximum fine
First offense — recruiting, soliciting, causing, enabling, or encouraging membership (§ 71.022(a))
Third-degree felony (§ 71.022(b))
2–10 years TDCJ (§ 12.34)
$10,000
First offense — coercing a child under 17 by threat of imminent bodily injury or by causing bodily injury (§ 71.022(a-1))
Third-degree felony (§ 71.022(b))
2–10 years TDCJ (§ 12.34)
$10,000
Second or subsequent offense under § 71.022
Second-degree felony (§ 71.022(c))
2–20 years TDCJ (§ 12.33)
$10,000
The repeat-offense escalation in § 71.022(c) is charge-level: the prior conviction must be pled in the indictment and proved, and its validity and finality are litigable. Because a first offense tops out at 10 years, community supervision and deferred adjudication remain legally available for most § 71.022 defendants — the offense does not appear on the Article 42A.054(a) exclusion list.
§ 71.023 — Directing gang activities penalties
Offense
Classification
Confinement
Maximum fine
Financing, directing, or supervising listed offenses (or a conspiracy to commit them) as part of the identifiable leadership of a criminal street gang or foreign terrorist organization
First-degree felony with enhanced range (§ 71.023(b))
Life, or 25–99 years TDCJ — the statutory minimum is 25 years, not the ordinary 5-year first-degree floor
$10,000 (§ 12.32(b))
The 25-year floor makes § 71.023 one of the most severe non-capital offenses in the Penal Code — the minimum is five times the ordinary first-degree minimum and exceeds the minimums for murder and aggravated robbery. It also forecloses community supervision entirely: Chapter 42A limits both judge-ordered and jury-recommended supervision to sentences of 10 years or less, and no sentence under § 71.023(b) can be that short.
Last verified against the statute text: 2026-07-05.
Elements the State Must Prove
Every element must be proved beyond a reasonable doubt. The three offense theories break down differently:
The defendant caused, enabled, encouraged, recruited, or solicited another person;
To become a member of a criminal street gang or foreign terrorist organization; and
That organization, as a condition of initiation, admission, membership, or continued membership, requires the commission of conduct punishable as a Class A misdemeanor or felony.
Child coercion — § 71.022(a-1)
The defendant acted with intent to coerce, induce, or solicit;
A child younger than 17;
To actively participate in the activities of a criminal street gang or foreign terrorist organization; and
The defendant threatened the child or the child's family with imminent bodily injury, or caused bodily injury to the child or a family member.
Directing activities — § 71.023
The defendant was part of the identifiable leadership of a criminal street gang or foreign terrorist organization;
The defendant acted knowingly;
The defendant financed, directed, or supervised the commission of — or a conspiracy to commit — one or more of the listed predicate offenses; and
The predicate conduct was carried out by members of the criminal street gang or foreign terrorist organization.
In practice, § 71.023 prosecutions are won or lost on the leadership element. "Identifiable leadership" echoes the § 71.01(d) gang definition, and the State needs evidence placing the defendant inside a command structure — ordering, financing, or coordinating — rather than merely showing seniority, respect, or an old reputation. On the recruitment side, the organization-level element in § 71.022(a)(4) is the one defendants most often overlook: the prosecution must prove how the specific gang conditions membership on criminal conduct, which usually requires an insider or an expert rather than the complaining witness.
How Are These Charges Different From Engaging in Organized Criminal Activity (§ 71.02)?
Committing or conspiring to commit a listed predicate offense with intent to participate in a combination or as a gang member
One category higher than the most serious predicate committed (Class A predicate becomes a state jail felony; first-degree predicates carry 15–99 years or life)
Financing, directing, or supervising listed offenses (or conspiracies) committed by members
Flat first-degree felony — life or 25–99 years
The structural difference matters for defense strategy. Section 71.02 is derivative — its grade floats with the predicate, and the State must prove the predicate offense itself. Sections 71.022 and 71.023 are freestanding: recruitment is complete without any crime by the recruit, and a § 71.023 leadership count can rest on a conspiracy to commit a predicate even if the predicate never happens. Prosecutors sometimes stack a § 71.023 count on top of § 71.02 counts against alleged leaders, which raises election, double-jeopardy, and jury-charge issues worth litigating.
One more Chapter 71 nuance works in a defendant's favor to know — and against assuming. The chapter's renunciation affirmative defense (§ 71.05) and its "defenses excluded" provision (§ 71.03) are both written expressly for § 71.02 prosecutions. Neither extends by its terms to §§ 71.022 or 71.023, so withdrawal-from-the-gang arguments in a recruitment or directing case must run through the general law of the parties, culpable mental state, and the statute's own elements rather than a chapter-specific defense.
Juvenile Recruitment Cases
Gang recruitment cases run in two directions, and Texas law treats them very differently.
Adults accused of recruiting minors. When the target of recruitment is younger than 17, prosecutors can choose between § 71.022(a) — ordinary recruitment, no threats required — and § 71.022(a-1), the coercion variant that requires a threat of imminent bodily injury to the child or the child's family, or actual bodily injury. Both are third-degree felonies for a first offense. Where injury occurs, the State frequently adds assault or injury-to-a-child counts, so the same conduct can appear in an indictment three different ways. The definitional details are strict: "child" means younger than 17 — not 18 — and the family-member definition borrows from Family Code § 71.003.
Minors accused of recruiting or gang activity. A 15-year-old who pressures classmates to join is handled in juvenile court under Title 3 of the Family Code, where the case is a civil "delinquent conduct" proceeding with different vocabulary, different records rules, and rehabilitation-focused outcomes. Serious or repeat cases can be pushed toward determinate sentencing or, for older teens, certification to adult court. School consequences run on a parallel track — campus gang recruitment routinely triggers disciplinary alternative education placement in addition to any court case. Our juvenile defense practice handles both the courtroom and the campus side.
Hypothetical example (illustrative only, not a real case): a 19-year-old tells his 15-year-old cousin that "nothing happens to you if you're with us, but I can't protect you if you're not," then takes him to meet older members. Whether that statement is a threat of imminent bodily injury for § 71.022(a-1), mere encouragement under (a), or protected family talk with no organizational "condition of membership" proof at all is exactly the kind of fact fight these cases turn on.
Evidence Issues: Gang Experts, Databases & Social Media
Gang prosecutions are built on three evidence streams, and each has documented weak points.
Gang-expert testimony. The State almost always calls a gang-unit officer to explain signs, symbols, tattoos, territory, and hierarchy under Rule of Evidence 702. Defense counsel can demand a gatekeeping hearing on the officer's methodology, force the expert to separate general gang background from case-specific opinion, and object when "expert" testimony becomes a summary of hearsay from informants and field-interview cards. In a § 71.023 case, the expert is usually the only witness connecting the defendant to "identifiable leadership" — making the reliability challenge the central battle of the case.
The Chapter 67 gang database. Texas maintains intelligence databases of suspected gang members under Code of Criminal Procedure Chapter 67, including the statewide TXGANG system. Article 67.054 permits an entry based on a judgment containing a gang finding, an in-court self-admission, or any two of eight listed criteria — including out-of-court self-admission (online photos count), identification by an informant, frequenting a documented gang area with known members, more-than-incidental use of gang dress, hand signals, tattoos, or symbols, arrest alongside known members, visiting a confined member, and using the Internet to recruit. Two safeguards matter for the defense: Article 67.054(c) bars combining the "frequenting" and "jail visit" criteria with each other alone, and database inclusion is an intelligence standard — not evidence sufficient to prove gang membership at trial. Chapter 67 also contains procedures for reviewing and removing entries, which counsel should pursue in parallel.
Social media and digital evidence. Photos flashing signs, lyrics, emojis, and group chats drive modern gang cases — and raise authentication problems. Under Rule of Evidence 901, the State must link both the account and the specific posts to the defendant; a printout of a public profile does not do that by itself. Context cuts both ways: rap-video imagery and neighborhood loyalty read very differently to a jury than to a gang database. Jail calls and accomplice testimony round out the picture, and accomplice testimony carries its own statutory check — Article 38.14 requires corroboration tending to connect the defendant to the offense before an accomplice's word can support a conviction.
What Defenses Work Against a Gang Recruitment or Directing Charge?
L and L Law Group builds the defense around the statute's own architecture:
The organization is not a "criminal street gang." Section 71.01(d) requires three or more persons, a common identifying sign or symbol or identifiable leadership, and continuous or regular association in criminal activities. Loose friend groups, defunct cliques, and one-off co-defendants often fail the continuity element.
No "condition of membership" proof (§ 71.022(a)). The State must show the gang requires Class A-or-higher criminal conduct as a condition of initiation, admission, membership, or continued membership. Without an insider witness or admissible expert basis, that organizational element fails.
Association is not recruitment. Introducing friends, wearing colors, or appearing in photos is not causing, enabling, encouraging, recruiting, or soliciting membership. The First Amendment protects association and expression; the statute punishes a knowing recruitment transaction.
No threat, no injury, wrong age (§ 71.022(a-1)). The child-coercion variant needs a threat of imminent bodily injury to the child or family — or actual bodily injury — plus a complainant younger than 17. Vague warnings and after-the-fact fears do not satisfy imminence.
Not "identifiable leadership" (§ 71.023). Seniority, respect, or an old conviction does not place a defendant in the command structure. The State needs evidence of financing, directing, or supervising specific predicate offenses by members.
Predicate failure (§ 71.023). The directed offense must sit in one of the three listed categories. If the underlying conduct is a mid-level drug case or a non-listed felony without a deadly-weapon finding, the § 71.023 count fails as charged.
Attribution and authentication. Shared phones, group accounts, and reposted content create reasonable doubt about who sent the recruiting messages. Rule 901 objections and forensic review of extraction reports are standard.
Accomplice corroboration (Art. 38.14) and suppression — gang cases lean on wiretaps, cell-site data, and search warrants; defects are litigated under Article 38.23's exclusionary rule.
Prior-conviction challenges. The § 71.022(c) second-degree enhancement requires a valid, final prior conviction under the same section — frequently contestable.
Can the Charge Be Dismissed, Reduced, or Cleared From Your Record?
Both offenses are felonies, so the case must pass a grand jury. A grand-jury presentation that exposes the missing organizational element — no condition-of-membership proof, no leadership evidence — can end a case in a no-bill before indictment. After indictment, reduction is a realistic track: a § 71.023 count that survives on thin leadership proof is often renegotiated to § 71.02 or to the predicate offense itself, and a § 71.022 count can resolve as a lesser offense or with deferred adjudication.
Record relief follows the usual Texas rules. A dismissal or acquittal supports expunction under Code of Criminal Procedure Chapter 55A. A successfully completed deferred adjudication on a § 71.022 charge can support an order of nondisclosure under Government Code § 411.0725 after the five-year felony waiting period, subject to that statute's eligibility limits. A final felony conviction under either section is permanent — neither expunction nor nondisclosure reaches it — which is a major reason charge-level litigation matters more than plea speed. See our record-clearing guide for the full framework.
County-by-County Practice Notes: Collin, Dallas, Denton & Tarrant
Both charges are felonies, so venue is in district court in every county. What changes locally is investigative machinery and docket practice.
Collin County. Felony gang cases are heard in the district courts at the Collin County Courthouse (Russell A. Steindam Courts Building) in McKinney. Suburban recruitment cases here frequently start as school-resource-officer reports out of Frisco, Plano, and McKinney campuses, which means the earliest evidence is often a counselor's summary and a student's social media — both worth locking down fast.
Dallas County. Felony cases are heard at the Frank Crowley Courts Building. North Texas gang intelligence is concentrated here: Texas funds regional Anti-Gang (TAG) Centers that pool local, state, and federal investigators, and Dallas-area prosecutions regularly arrive as multi-defendant indictments assembled from task-force intelligence packages, wiretaps, and jail-call reviews.
Denton County. Cases are heard in the district courts at the Denton County Courts Building in Denton. University-adjacent cases — Denton is a college town — often mix drug-delivery counts with gang allegations, putting the § 71.02-versus-§ 71.022 charging choice front and center.
Tarrant County. Felony cases run through the Tim Curry Criminal Justice Center in Fort Worth. Fort Worth also hosts multi-agency gang enforcement, and Tarrant indictments in leadership cases commonly plead deadly-weapon predicates, which shapes both the § 71.023 predicate fight and bond conditions.
Across all four counties, expect the State to seek high bonds and association-restriction conditions in gang cases. Bond-condition practice is court-specific; our bond conditions guide explains what can be modified and how.
What Happens After a Gang-Unit Arrest: Process & Timeline
These cases follow the standard Texas felony track with several gang-specific wrinkles:
Arrest. Often a warrant roundup after a long intelligence build rather than an on-view arrest — meaning the State's file is months old before the defense sees page one.
Magistration and bond. Article 15.17 appearance, where gang allegations drive bond amounts up and conditions multiply: no contact with co-defendants, no association with documented members, curfews, GPS.
Grand jury and indictment. Felony prosecution requires indictment. Multi-defendant gang indictments are common, and early defense presentations can shape charge selection between §§ 71.02, 71.022, and 71.023.
Discovery. Article 39.14 production should include gang-unit files, database entries and their Article 67.054 basis, expert reports, extraction reports, and informant material — much of it worth targeted motions when the State resists.
Expert and suppression litigation. Rule 702 gatekeeping on the gang expert, Rule 901 authentication fights over social media, Article 38.23 suppression of searches and wiretap fruit, and severance motions in multi-defendant cases (Code of Criminal Procedure art. 36.09).
Resolution. Trial, negotiated reduction, or — for eligible § 71.022 defendants — supervision outcomes. A § 71.023 count that reaches a guilty verdict means a minimum 25-year sentence, so trial decisions in leadership cases carry unusual weight.
Enhancements & Collateral Consequences
Section 71.022(c) elevates a second or subsequent recruitment offense to a second-degree felony — 2 to 20 years. Section 71.023 needs no enhancement; its life-or-25-to-99 range is built in. Two chapter-level notes cut in the defendant's favor: the gang-free-zone enhancement in § 71.028 applies only to certain offenses prosecuted under § 71.02(a)(1), (4), or (7) — it does not reach §§ 71.022 or 71.023 — and violating a civil gang injunction is its own separate, lower offense (§ 71.021, a Class A misdemeanor tied to Civil Practice and Remedies Code § 125.065 orders).
The collateral fallout is broad. Any felony conviction triggers the Texas firearm restriction in Penal Code § 46.04 and the federal lifetime prohibition in 18 U.S.C. § 922(g)(1). Documented gang membership follows a client through Chapter 67 databases, affecting future bond decisions, charging choices, and prison classification and housing. Non-citizens face severe immigration exposure from gang-related felonies, and the allegation alone — even without conviction — can affect discretionary immigration relief. Professional licenses, employment screening, and housing applications treat organized-crime convictions harshly, and a § 71.023 sentence measured in decades reshapes every one of those timelines.
Key Legal Terms
Criminal Street Gang (§ 71.01(d))
Three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
Foreign Terrorist Organization (§ 71.01(e))
Three or more persons operating as an organization at least partially outside the United States who engage in criminal activity and threaten the security of Texas or its residents — expressly including drug cartels. Added to Chapter 71 by SB 1900, effective September 1, 2023.
Identifiable Leadership (§ 71.023(a))
The command element of a § 71.023 charge: the defendant must act as part of the organization's leadership structure while financing, directing, or supervising listed offenses — not merely hold status or seniority.
Condition of Initiation or Membership (§ 71.022(a))
The organizational element of recruitment: the gang must require conduct punishable as at least a Class A misdemeanor as a condition of initiation, admission, membership, or continued membership.
Child; Family (§ 71.022(d))
For the coercion variant, a child is an individual younger than 17, and "family" carries the broad definition of Family Code § 71.003 — parents, siblings, and household members among them.
Predicate Offense (§ 71.023(a)(1)–(3))
The directed crime supporting a leadership charge: an Article 42A.054(a) felony, a felony with a deadly-weapon finding, or a top-bracket drug offense under Health and Safety Code Chapter 481.
Frequently Asked Questions
Is recruiting someone into a gang a felony in Texas?
Yes — coercing, inducing, or soliciting membership in a criminal street gang is a third-degree felony under Penal Code § 71.022, punishable by 2 to 10 years in prison and a fine of up to $10,000. A second or subsequent conviction is a second-degree felony carrying 2 to 20 years. The statute applies when the organization requires conduct punishable as a Class A misdemeanor or felony as a condition of joining or remaining a member.
What is the punishment for directing gang activities under § 71.023?
A conviction under Penal Code § 71.023 is a first-degree felony punishable by imprisonment for life or a term of 25 to 99 years. The 25-year minimum is written into the statute itself and replaces the standard 5-year floor for first-degree felonies. Because the minimum sentence exceeds 10 years, community supervision is not available after conviction.
What counts as a criminal street gang under Texas law?
Penal Code § 71.01(d) defines a criminal street gang as three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities. Every part of that definition can be contested — a loose group of friends who commit offenses together does not automatically satisfy the continuity and identification requirements.
Can an adult be charged for pressuring a minor to join a gang?
Yes. Under § 71.022(a-1), a person who threatens a child younger than 17 — or a member of the child's family — with imminent bodily injury, or who causes bodily injury to the child or a family member, with intent to coerce, induce, or solicit the child to actively participate in gang activities commits a third-degree felony. Recruiting a minor without threats or injury is charged under the general provision in § 71.022(a).
How is § 71.022 different from engaging in organized criminal activity (§ 71.02)?
Section 71.02 punishes committing or conspiring to commit a listed predicate offense with gang or combination intent, and it is graded one category higher than the underlying offense. Section 71.022 punishes the act of recruiting itself, at a flat third-degree level, and does not require that any predicate offense ever occur. Prosecutors choose between them — or stack them — based on what the evidence shows.
Do the Texas gang statutes apply to cartels?
Yes — since September 1, 2023. Senate Bill 1900 (88th Legislature) amended Chapter 71 to extend §§ 71.022 and 71.023 to foreign terrorist organizations, which § 71.01(e) defines to include drug cartels. Recruiting for or directing the activities of a cartel is now prosecutable in Texas state court on the same terms as a domestic street gang.
Is there a mandatory minimum prison sentence for § 71.023?
Yes — 25 years. Section 71.023(b) sets the punishment at imprisonment for life or any term of not more than 99 years or less than 25 years, one of the highest minimums in the Penal Code. By comparison, the ordinary first-degree felony range under § 12.32 starts at 5 years.
Can a gang recruitment charge be probated or resolved by deferred adjudication?
Often, yes, for § 71.022. First-offense recruitment is a third-degree felony that does not appear on the Article 42A.054 exclusion list, so judge-ordered community supervision and deferred adjudication are generally available to eligible defendants. Section 71.023 is different: its 25-year minimum places any post-conviction sentence beyond the 10-year cap for community supervision under Chapter 42A.
Can social media posts alone prove gang membership?
Posts are powerful evidence for the State but rarely sufficient on their own. The proponent must authenticate the account and tie the specific posts to the defendant under Rule of Evidence 901, and photos showing colors, hand signs, or emojis prove association at most — not the statutory elements of recruitment or leadership. Article 67.054 treats online self-identification as one intelligence-database criterion, but database criteria are not proof beyond a reasonable doubt.
Will a conviction under § 71.022 or § 71.023 affect gun rights and immigration status?
Yes. Any felony conviction triggers the Texas firearm restriction in Penal Code § 46.04 and the federal lifetime bar in 18 U.S.C. § 922(g)(1). For non-citizens, gang-related felony convictions carry severe immigration consequences, and documented gang allegations can affect discretionary relief even without a conviction. Employment, licensing, and housing screening are also affected.
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
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