Yesterday, Orange County Sheriff deputies contacted a probationer on the bike trail near Via Lomas and Alicia, according to Laguna Hills Police Services.
As a condition of the individual’s probation, deputies conducted a search and located a controlled substance.
The suspect had several prior violations for narcotics and was booked into the Orange County jail.
Proactive policing and strong community partnerships continue to play an important role in keeping Laguna Hills safe.
Legal Penalties Faced by the Suspect
The suspect faces two primary legal consequences in Orange County: a new criminal charge for possession of a controlled substance and a violation of probation (VOP) hearing.
1. New Criminal Charge: Possession of a Controlled Substance
Under California Health and Safety Code 11350, simple possession is typically a misdemeanor. Because the suspect has “several prior violations” for narcotics, the court is less likely to grant lenient diversion programs and may impose harsher terms within the misdemeanor range.
- Jail Time: Up to one year in county jail.
- Fines: Standard fines for a first offense start at $1,000, but a second or subsequent offense may carry a minimum fine of $2,000.
- Registration: The suspect may be required to register as a narcotics offender.
2. Violation of Probation (VOP)
Because the suspect was already on probation, this arrest constitutes a “new law violation,” which is a standard breach of probation terms. At a VOP hearing, the judge has several options:
- Revocation and Sentencing: The judge can revoke probation and sentence the suspect to the maximum term allowed for their original crime. For example, if the underlying crime was a felony, they could face 16 months to 3 years in custody.
- Reinstatement with Stricter Terms: The judge may choose to reinstate probation but add harsher conditions, such as mandatory residential drug treatment, increased random testing, or up to 120 days in jail as a “flash” incarceration to spur compliance.
- Proposition 36 Eligibility: While Proposition 36 allows some non-violent offenders to choose treatment over jail, those with multiple prior violations or who are deemed “unamenable to treatment” can be disqualified and sent directly to jail.