Over the weekend police officers served an arrest warrant, according to the Placentia Police Department.
During the service of thee warrant three other individuals and drugs were located.
A search warrant was obtained and both Fentanyl and large amounts of cash were seized. The total cash seized appeared to be roughly $6,000 to $10,000.
The operation resulted in four subjects being booked into Orange County Jail for various drug charges and the removal of dangerous substances from the city.
Primary Legal Penalties (State Level) Faced by the Suspects
- Possession of a Controlled Substance for Sale (HS § 11351)
- Charge: This is a “straight felony” in California. Intent to sell is often inferred from circumstantial evidence like large quantities of drugs, scales, packaging materials, and significant amounts of cash.
- Sentence: Typically 2, 3, or 4 years in county jail.
- Fines: Suspects can be fined up to $20,000.
- Diversion: Unlike simple possession, individuals charged with sales are generally ineligible for drug treatment diversion programs (like Prop 36 or PC 1000).
- Money Laundering (HS § 11370.9)
- Charge: If the large amount of cash is tied to drug sales, suspects may also face money laundering charges.
- Sentence: As a felony, this can add up to 4 years in state prison.
- Asset Forfeiture: Law enforcement can permanently seize the cash and any property derived from drug proceeds.
Potential Sentence Enhancements
Recent legislation has significantly increased penalties for fentanyl-related crimes due to its high lethality:
- Weight Enhancements: If the fentanyl seized exceeds specific weights, automatic additional prison time is added:
- Over 1 kg: +3 years
- Over 4 kg: +5 years
- Over 10 kg: +10 years
- Prior Convictions: Each prior felony drug conviction can add a consecutive 3-year term to the new sentence.
- Aggravating Factors: Higher penalties apply if the drugs were intended for sale near schools or involved minors.
Federal Considerations
If the quantity is substantial or the operation involves interstate activity, federal authorities may take over the case. Federal fentanyl trafficking carries much harsher mandatory minimums, often starting at 5 to 10 years and reaching life in prison if the drugs result in death or serious injury.
