I'm in a writ of habeas corpus hearing and the issue is the applicant's ability to make bail. The applicant is a known member of an organized street gang accused of murder and i was wondering if i can bring out the fact during our hearing that the applicant makes money doing illegal acticity (i.e., selling drugs and weapons). Has anyone crossed this issue...i doubt he has a strong legal work history..

I would definitely argue that the gang involvement is an aggravating factor.

See EX PARTE BERNAL, 2004 Tex. App. LEXIS 6019. The San Antonio court said that mere association with known gang members was enough.

This may not completely answer the question of using illegal proceeds to count in bail-making ability, but. . .

Ex parte Reyes, 4 S.W.3d 353, 354 (Tex. App.--Houston [1st Dist.] no pet.) ("cases involving large quantities of drugs usually require high bonds because the large amount of cash required to effect such transactions usually suggests involvement of monied backers who may consider the costs of bail bonds merely a normal business expense.") (citation omitted)

thanks for your help.