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We have a young lady that works with us that is on probabation,

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stemming from a possesion of...
We have a young lady that works with us that is on probabation, stemming from a possesion of controlled substance charge in 2011. She was stopped yesterday on a traffice violation, and personal belongings and vehicle was searched. meth was found in her purse that had slipped into the bottom of a side pocket. She had just recently swapped back to using this purse and the substance was there from 4- 5 years ago. she has been clean for the entire time she has worked with us, lived a very healthy lifestyle and fit lifestyle (shes a nutritionist and personal trainer) , and truely believe that this is from her past. SO.. posseion charge, while being on probabation for possesion.. What are the chances of convincing a judge that this was truely something that she was not aware she posessed, and keeping her out of prison? She is a valuable assest toour company and we would like to help .
Submitted: 3 years ago.Category: Legal
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5/29/2015
Lawyer: LegalKnowledge, Attorney replied 3 years ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,793
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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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Lawyer: LegalKnowledge, Attorney replied 3 years ago
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
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