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Patrol officers recently resonded to the parking structure located at 1020 W. Civic Center regarding a man trying to steal a motorcycle, according to the SAPD.
Incredibly the suspect was doing this a few minutes away from the SAPD’s headquarters! This guy was no rocket scientist…
The suspect was also seen looking into vehicles and, alarmingly, he was thought to be armed.
When the SAPD police officers arrived, they located the man. He was indeed armed with a loaded firearm.
To make matters worse for this suspect he was also on active probation, for, surprise, burglary.
The suspect was arrested and he got a free ride to the Santa Ana City Jail. He was booked on various presumably felony charges.
The goal of probation is to provide an alternative to incarceration that allows individuals to remain in the community under supervision while they work towards rehabilitation. That effort most certainly failed in this case!
Being arrested while on probation, especially with a loaded firearm and attempting to steal a motorcycle, can lead to severe legal consequences. Here are some potential penalties and legal processes involved:
- Probation Violation: The arrest itself is a violation of probation terms. Probationers are typically required to avoid any criminal activity.
- Revocation Hearing: The probationer will likely face a revocation hearing where the court will determine if probation should be revoked. The prosecution needs to prove the violation by a “preponderance of the evidence”.
- Firearm Possession: Possessing a loaded firearm while on probation is a serious offense. Federal and state laws often prohibit probationers from possessing firearms3. This could lead to additional charges and penalties.
- New Charges: Attempting to steal a motorcycle will result in new criminal charges, such as attempted theft or grand theft auto, depending on the value of the motorcycle.
- Sentencing: If found guilty of the new charges and probation violation, the court may impose a range of penalties, including:
- Incarceration for the new offenses and the probation violation.
- Extension or modification of probation terms.
- Additional fines, community service, or mandatory counseling.
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