On Friday, a resident reported a suspicious person in their neighborhood who was seen jumping a fence toward the 405 freeway, according to the Huntington Beach Police Department.
While the individual wasn’t immediately located, the police officers used available resources and tracked the subject a few minutes later, scaling another fence and walking along the railroad tracks.
The officers quickly arrived, detained the individual for trespassing, and discovered he had recently been arrested for the same offense.
Further investigation revealed that the suspect was on probation, and a probation hold was obtained.
Trespassing on railroad tracks is not only unlawful but also extremely dangerous, as trains frequently travel these lines.
The suspect detained in Huntington Beach for trespassing on railroad tracks while on probation now faces multiple legal consequences under California law. Here’s a plain-text breakdown:
1. Trespassing on Railroad Tracks (Penal Code §369i)
Under California Penal Code §369i, trespassing on railroad property is a misdemeanor if the person:
- Enters or remains on railroad property without permission.
- Interferes with or hinders the safe and efficient operation of trains.
Penalties include:
- Up to 6 months in county jail.
- A fine of up to $1,000.
2. Repeat Trespassing Offense
Since the suspect was recently arrested for the same offense, the court may treat this as a repeat misdemeanor, which can lead to:
- Stricter sentencing (e.g., longer jail time or probation).
- Reduced leniency from the judge.
- Possible aggravated trespass charges if threats or safety risks were involved.
3. Probation Violation
Being on probation and committing a new offense is considered a substantive violation. Consequences may include:
- Revocation of probation.
- Immediate custody under a probation hold.
- A probation violation hearing, where the judge can:
- Reinstate probation with stricter conditions.
- Extend the probation period.
- Send the individual to jail or prison to serve the original suspended sentence.
The burden of proof in a probation violation hearing is lower than in a criminal trial—only a preponderance of the evidence is needed.
Summary of Penalties Faced
- Trespassing charge: Up to 6 months jail and $1,000 fine.
- Repeat offense: Increased likelihood of jail time.
- Probation violation: Possible revocation and incarceration.