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Yesterday, the Irvine Police Department’s Specialized Investigations Unit (SIU) Detectives conducted a surprise probation compliance search at an Irvine man’s home.
Detectives found narcotics, a large sum of cash, high-capacity magazines, and over 1,000 rounds of ammunition.
Ven Nguyen, 37, of Irvine, was arrested and booked at Orange County Jail for possessing narcotics and controlled substances, possession of a controlled substance for sale, and a prohibited person in possession of ammunition.
A second man, who was leaving the area, was stopped and arrested for DUI. He was also on PRCS.
From the California Department of Corrections and Rehabilitation: Postrelease Community Supervision (PRCS) is a form of supervision provided to an inmate who has been released from a California Department of Corrections and Rehabilitation (CDCR) institution to the jurisdiction of a county agency, pursuant to the Postrelease Community Supervision Act of 201
In California, the penalties for a man on probation arrested for these offenses can be quite severe. Here’s a breakdown:
- Possessing Narcotics and Controlled Substances:
- Simple Possession: This can be charged as a misdemeanor or felony, depending on the substance and quantity. Penalties include up to 1 year in county jail for a misdemeanor, or 16 months, 2 years, or 3 years in state prison for a felony.
- Possession of a Controlled Substance for Sale:
- Intent to Sell: This is typically charged as a felony. Penalties include 2, 3, or 4 years in state prison, and fines up to $20,0003. If the substance is cocaine or heroin, or if there are prior convictions, the penalties can be much harsher, ranging from 3 to 30 years in prison and fines up to $8,000,000.
- Prohibited Person in Possession of Ammunition:
- Felon or Prohibited Person: This can be charged as a misdemeanor or felony. Penalties for a misdemeanor include up to 1 year in county jail and fines up to $1,000. For a felony, penalties include 16 months, 2 years, or 3 years in state prison and fines up to $10,000.
Given the combination of these charges, the individual could face significant prison time and substantial fines. Additionally, being on probation means that any new offense can lead to a probation violation, which may result in additional penalties and revocation of probation.
A probationer arrested on DUI charges in California faces significant consequences. Here are the key points:
- Probation Violation: Being arrested for DUI while on probation is considered a violation of probation terms. This can lead to a revocation of probation, meaning the individual may have to serve the original jail sentence that was previously suspended.
- Additional Penalties: Besides the probation violation, the individual will face the usual penalties for a DUI offense, which can include:
- Fines: $390 to $1,000.
- Jail Time: Depending on whether it’s a first, second, or subsequent offense, jail time can range from 2 days to 1 year.
- License Suspension: The driver’s license could be suspended for 6 months to 4 years.
- DUI Classes: Mandatory attendance at DUI education programs.
- Zero Tolerance Rule: Probationers must adhere to a stricter blood alcohol concentration (BAC) limit of below 0.01% while driving, compared to the standard 0.08% for non-probation drivers.
- Ignition Interlock Device (IID): The court may require the installation of an IID, which prevents the vehicle from starting if alcohol is detected in the driver’s breath.
Overall, a probationer arrested for DUI in California can expect severe repercussions, including extended probation, increased fines, mandatory jail time, and stricter driving restrictions.
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