Yesterday, Orange County deputies contacted an individual who exited a disabled vehicle on Alicia Parkway, north of Moulton Parkway, according to Laguna Hills Police Services.
The individual was identified through a California driver’s license, and a records check revealed the individual was on probation with search and seizure terms related to previous narcotics convictions.
Deputies conducted a search of the vehicle and located baggies containing a white crystalline substance.
The individual was arrested and booked into the Orange County Jail on charges related to illegal narcotics possession.
The penalties the suspect faces depend on whether the charge is a misdemeanor or a felony, which is influenced by the nature of the substance, quantity found, and prior convictions. A key factor is the individual’s status as a probationer with prior narcotics convictions.
Potential Penalties
- Probation Violation: The primary and immediate consequence is a probation violation (VOP). A judge has the authority to modify, extend, or entirely revoke the individual’s probation and impose the original suspended sentence for the previous narcotics convictions.
- Jail Time:
- Misdemeanor Charge: Simple possession of a controlled substance for personal use is generally a misdemeanor in California, punishable by up to one year in county jail and a fine of up to $1,000.
- Felony Charge: Due to prior convictions for narcotics and potentially other serious felonies (like violent crimes or sex offenses), the current charge may be elevated to a felony. A felony conviction for possession could result in a state prison sentence of 16 months, two years, or three years.
- Fines: The individual may face significant fines, potentially up to $1,000 for a misdemeanor or higher amounts, depending on the specifics of the charge and any enhancements.
- Ineligibility for Diversion: Since the individual has prior convictions and is on probation for narcotics offenses, they may be ineligible for drug diversion programs (like Proposition 36 or Penal Code 1000) that typically offer an opportunity to dismiss charges upon successful completion of treatment.
- Mandatory Treatment: The court can order mandatory drug counseling, treatment programs, and regular/random drug testing as part of a modified probation or sentence condition.
- Other Consequences: A drug conviction can lead to a permanent criminal record, which can impact employment opportunities, housing options, professional licenses, and eligibility for student loans or financial aid.
The exact penalties will be determined by the court based on the specific Health and Safety Code sections violated (likely HS 11377 for methamphetamine or HS 11350 for other controlled substances), the amount of the substance, and the specifics of the prior convictions.