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November 2013 Archives

Probation Violation Must Be Willful and Substantial To Revoke Probation

Probation can be revoked upon a finding that a violation is willful and substantial. The State has burden to prove by the greater weight of the evidence that the probation violation is willful and substantial. This standard or burden of proof is also called preponderance or "more likely than not".

Constructive Possession of a Controlled Substance

Constructive possession of a controlled substance is when the substance is not on the person or within a person's exclusive control; whereas actual possession is when the substance is found on the person such as having cocaine or marijuana in a pants pocket. Many times a constructive possession case includes more than one defendant, for example if drugs are found at a traffic stop, and several passengers are inside the vehicle. Usually the officers will try to have someone make an admission that the narcotics or contraband belongs to them. If all parties remain silent, then sometimes all people are charged.

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