While on patrol, the O.C. Sheriff Special Enforcement Team (SET) conducted a traffic stop on a vehicle occupied by two individuals, according to Laguna Hills Police Services.
During the investigation, the deputies confirmed one of the occupants was on probation.
A subsequent search of the vehicle and probationer led to the discovery of narcotics.
The probationer was taken into custody and booked into the Orange County Jail for possession of an illegal substance.
The SET team’s proactive stance on policing plays a vital role in keeping dangerous drugs off the streets and ensuring the safety of our community.
In California, the penalties for possession of illegal narcotics—especially when the individual is already on probation—can vary depending on several factors, including the type of drug, the quantity, and any aggravating circumstances. Here’s a summary of what the suspect in your scenario might face:
1. Basic Possession Penalties
- Misdemeanor Possession: If the narcotics were for personal use and the suspect has no serious prior convictions, the charge is typically a misdemeanor.
- Up to 1 year in county jail
- Up to $1,000 in fines or equivalent community service
2. Felony Possession
- If the suspect has prior serious or violent felony convictions, the possession charge can be elevated to a felony:
- 16 months, 2 years, or 3 years in jail
- Up to $10,000 in fines
3. Probation Violation
- Since the suspect is already on probation, being found with narcotics is a violation of probation, which can lead to:
- Revocation of probation
- Additional jail time
- Loss of eligibility for diversion programs
4. Aggravating Factors
If any of the following apply, penalties can be more severe:
- Drug possession near a school, playground, or place of worship
- Involvement of minors
- Prior drug convictions
- Possession of large quantities or paraphernalia indicating intent to sell
5. Alternative Sentencing (if eligible)
Some non-violent offenders may qualify for:
- Pretrial Diversion (PC 1000): Charges dismissed after completing treatment
- Proposition 36: Probation with mandatory drug treatment
- Drug Court: Supervised rehabilitation instead of jail
However, probationers often face stricter scrutiny and may not qualify for these alternatives unless the court finds mitigating circumstances.