Yesterday afternoon, a police officer patrolling the area of Yorba Linda and Placentia investigated a suspicious vehicle occupied by an adult male and an adult female in a parking lot known for drug use, theft, and gang activity, according to the Fullerton Police Department.
During the investigation, the officer discovered that the vehicle’s owner was on probation in both Los Angeles County and Orange County. Further searching revealed that the male had drugs and drug paraphernalia on him. Inside the vehicle, the officer found additional drugs, including fentanyl and methamphetamine, along with more drug paraphernalia and evidence of identity theft.
The officer also found a vial containing a liquid substance in the vehicle. This substance was suspected to be gamma-hydroxybutyrate (GHB), commonly known as the “date rape drug.”
Both suspects were escorted to jail and booked on numerous charges, including possession of various controlled substances, possession of drug paraphernalia, fraud, and felony possession of a weapon.
Based on the information available, here’s a breakdown of the potential penalties this individual could face:
Probation Violation:
Being arrested while on probation in California can lead to serious consequences. The court in either Los Angeles or Orange County (where the original probation was granted) could:
- Revoke probation: This means the probation is canceled, and the individual could be ordered to serve the remainder of the sentence that was initially suspended. This could involve jail or prison time depending on the original charges.
- Modify probation terms: The court could impose stricter conditions, such as longer probation, additional classes or counseling, more frequent drug testing, or even a period of jail time as a condition of continued probation.
- Reinstate probation: The court could simply give a warning and reinstate the original probation terms, especially if the violation is considered less severe.
The fact that new criminal charges are involved (possession of controlled substances and identity theft evidence) makes probation revocation and a potential imposition of the original sentence more likely. The court will consider the severity of the new offenses when deciding on the probation violation.
New Criminal Charges in Fullerton (Orange County):
The penalties for the new charges in Fullerton will be determined by California state law and will be handled in Orange County.
- Possession of Gamma-Hydroxybutyrate (GHB):
- Simple possession without a prescription is typically a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000. However, first-time offenders may be eligible for a drug diversion program.
- Possession for sale is a felony, carrying a potential sentence of 16 months, two, three, or four years in jail and fines up to $20,000.
- If the individual has prior convictions for certain serious felonies (like murder, gross vehicular manslaughter while intoxicated, or certain sex offenses), simple possession can also be charged as a felony.
- Possession of Fentanyl:
- Simple possession is generally a misdemeanor, punishable by up to one year in county jail and a minimum fine for first-time offenders.
- Possession for sale is a felony, with potential prison sentences of two, three, or four years.
- Transportation or sale of fentanyl is a serious felony, with penalties ranging from three to nine years in prison, depending on the circumstances (e.g., crossing multiple county lines). Recent legislation has increased penalties, especially if the defendant knew the dangers of fentanyl. Additional prison time and significant fines (potentially up to $8 million for large quantities) can be imposed.
- Possession of Methamphetamine:
- Simple possession is usually a misdemeanor after Proposition 47, punishable by up to one year in county jail and fines. However, if the individual has prior convictions for certain felonies, it can be a “wobbler” (can be charged as either a misdemeanor or a felony).
- Felony possession can result in 16 months, two, or three years in state prison. Possession of large quantities (over one kilogram) can lead to additional prison sentences.
- Possession of Drug Paraphernalia:
- Possession of drug paraphernalia is typically a misdemeanor under California Health and Safety Code Section 11364, punishable by a fine of up to $1,000. However, if the individual has prior drug-related convictions, the penalties could be more severe.
- Evidence of Identity Theft:
- Identity theft under California Penal Code Section 530.5 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony.
- As a misdemeanor, it carries penalties of up to one year in county jail and/or a fine of up to $1,000, along with potential probation and victim restitution.
- As a felony, it can result in 16 months, two, or three years in jail and/or a fine of up to $10,000, along with formal probation and victim restitution.
- The specific charges and penalties will depend on the scope and nature of the identity theft evidence. Factors like the number of victims and the potential loss could influence whether it’s charged as a misdemeanor or felony and the severity of the sentence.
Interaction of Probation Violation and New Charges:
The new arrest and charges will likely trigger a probation violation hearing in the county where the individual is on probation (either Los Angeles or Orange County). The outcome of this hearing can significantly impact the sentencing for the new charges. For example, if probation is revoked, the judge in the new case might consider that when determining the sentence for the drug and identity theft charges.
