Connecticut Appellate Court Issues Landmark Reversal Citing Lack Of Evidence In Probation Revocation Case

September 26, 2005
The Connecticut Appellate Court has issued a landmark reversal in a case involving a man whose probation was revoked after he was arrested and charged with drug possession.  The ruling in State of Connecticut v. Hector Fermaint establishes that a defendant's temporal and spatial proximity to drugs does not amount to criminal possession, even under the lesser preponderance of the evidence standard applicable to probation revocation proceedings.