Q: What happens if there’s no evidence at a revocation hearing for possessing a firearm while on felony probation?
Can the courts give you time without evidence?! The firearm was captured by officers from a backpack worn on the suspect.
A:
Probation revocation hearings require evidence sufficient to meet the "preponderance" (basically, "more likely than not") standard that a term of the probation sentence was violated.
Watch out for a "constructive possession" theory. If you're looking to do 3 years in custody, definitely lawyer up.
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