Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. I want to be upfront and honest and share with you that it will be tough. The reason why I say this is because the burden of proof
at a probation
hearing is very low and the State will have an easy time showing she was in possession
. The lady can testify and try and convince the Judge that this was old and accident and she had no clue it was still there but it is at the sole discretion of the court to believe her. If she has tested clean for all these years while on probation, it could go to show and support her story and a letter or even testimony
from you could possible help her. In a situation like this, she may have a better chance of trying to work out a deal, whereby they do not revoke the probation but reinstate it with some type of in patient treatment, for those first time probation violators or relapse. Yes, I know she has been clean but if she wants to try and avoid prison, she may need to cut a deal and if she violated probation for the same thing she was on probation for, the Judge and the State are not going to be happy. She really needs an attorney to start working the case and see if a deal can be cut or if she has any defenses. A simply traffic violation should not result in a total search of her vehicle and belongings, unless there was belief that there was contraband in the car. She could have a possible motion to suppress
the search, if there was not.
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