On 6/5/2025, at approximately 8 a.m., police dispatch received a call from a resident in the area of Gumwood Center who reported an unknown male was located upstairs in their residence, according to the Westminster Police Department (WPD).
As the WPD officers arrived on scene a perimeter was set up quickly and additional resources were requested.
Entry was finally made to the residence and the suspect was taken into custody.
It was determined the suspect was on probation and post release community supervision.
The suspect was booked at OCJ for burglary, probation violation, and resisting arrest.
The WPD wants to thank their partners – the K9 units from the OC Sheriff and the Garden Grove Police Department for the assitance from their K9s and drone operator.
The suspect in Westminster, CA, who was arrested for breaking and entering while on probation and Post-Release Community Supervision (PRCS), could now face serious legal consequences under California law.
Here’s a breakdown of the potential penalties:
1. New Criminal Charges
- Breaking and entering is typically charged as burglary under California Penal Code §459. Depending on the circumstances (e.g., whether the home was occupied), it could be:
- First-degree burglary (residential): a felony punishable by 2, 4, or 6 years in state prison.
- Second-degree burglary (non-residential): can be charged as a misdemeanor or felony.
2. Probation Violation
- Committing a new crime while on probation is a substantive violation, which is considered very serious.
- The court may:
- Revoke probation and impose the original jail or prison sentence.
- Modify or extend the probation with stricter conditions.
- Impose additional penalties, such as fines, community service, or mandatory programs.
3. PRCS Violation
- PRCS is a form of supervision for individuals released from prison after serving time for non-violent felonies.
- Violating PRCS by committing a new offense can result in:
- Flash incarceration (up to 10 days in jail without a court hearing).
- Revocation of PRCS, leading to up to 180 days in county jail.
- A return to state prison if the violation is severe or repeated.
4. Probation/PRCS Revocation Hearing
- The suspect is entitled to a revocation hearing, where the court will determine:
- Whether a violation occurred.
- Whether to revoke or modify the terms of supervision.
