The Successful Or Unsuccessful Termination of Probation
Florida law provides that people on probation can petition the court for early termination of their probation, however at times it is unsuccessful. It is within the judge’s discretion to grant this request if all the requirements are met.Getting off of probation means an end to supervision fees, attending classes, random drug testing and movement restrictions. A Gainesville criminal defense attorney can assist by drafting the motion to terminate probation and ensuring all the necessary information is included.
Modifying or Terminating Probation in Florida
Probation is a very useful tool in the state of Florida, offering convicted criminals an alternative to jail or prison time. However, the probation process can become resource-prohibitive after a while and some of the terms or conditions of probation may not be practical for a person’s lifestyle. In such cases, a person on probation can petition the court to modify or terminate their probation. An experienced criminal defense attorney can help a client with this process.
Generally, in Florida, a probationer is not eligible for early termination until they have reached the halfway point of their probation term and have completed all of their special conditions and requirements of probation such as classes, community service, and payment of fines and fees. However, an experienced Gainesville criminal defense lawyer can file a motion to modify probation and request that the judge lift restrictions such as travel limitations, curfews, and “no contact” provisions, even if the probationer has not reached the halfway point yet.
The court has discretion to make these types of changes to a person’s probation, but it is essential for an attorney to be involved in the process in order to ensure that all of the paperwork is properly filled out and filed and the judge hears a compelling argument about why this should be done. Additionally, an attorney can work to get a hearing held as quickly as possible, so that the offender can be removed from probation as soon as possible.
One example of a modification that is often made is when a probationer needs to travel for work. In this case, an attorney can help the client to find a way to get their travel restriction lifted so they can do their job.
If a probationer violates their probation in Florida and the violation is a serious or violent felony, then the probation will likely be revoked by the state. The judge will then impose the sentence that they would have given at sentencing for the original offense. This could include a prison term, depending on the nature of the original offense and how it was committed.
Getting Off of Probation
Probation is typically very burdensome, expensive, and nerve-wracking (since the specter of incarceration constantly looms over you). It can be difficult to work, which makes it hard to pay for your offense-related financial obligations such as probationary supervision, fines, court costs, and restitution. The court may also place restrictions on your personal and professional life. Even though probation beats incarceration, it is not easy or pleasant to be on probation in Florida.
Fortunately, Florida law provides the option for individuals to petition the court to terminate their probation early. This is called “early termination of probation.” It’s a discretionary act by the judge. Generally, it is more likely that the judge will allow you to get off probation earlier if you:
Completed half of your probationary term, or in some cases two-thirds of your probationary term. Abided by all of the conditions of your probation. For example, if you were placed on probation for a burglary offense, then you must not commit any burglaries. Abided by any special conditions of your probation such as community service, education or work program, or residential treatment. Paid off any restitution that was ordered by the court. Not been arrested or charged with any additional criminal offenses.
If you meet all of these requirements, then you must file a Motion to Terminate Probation with the clerk of court in the county where you were sentenced. A copy of this motion must be sent to the state attorney and to your probation officer. The prosecutor or your probation officer can then object to the motion before the judge rules on it.
It is in your best interest to hire an experienced attorney in order to complete and file all of the necessary paperwork, as well as appear on your behalf at the hearing to terminate probation. An experienced lawyer can argue that you have satisfactorily complied with all of the conditions of your probation and should be allowed to terminate your probation early. The judge can also consider your good character, such as the fact that you have not committed any additional crimes.
Terminating Probation Early
There are some circumstances that a judge may find would merit ending probation early, but it is completely up to the court’s discretion. Having an experienced criminal attorney represent you in this matter can increase your chances of having the judge agree to end your probation early. Our attorneys can help you determine if you meet the requirements for terminating your probation and prepare all the necessary paperwork.
It is essential to have your probation officer testify at your hearing in support of your motion to terminate probation early. This can greatly strengthen your case because the judge will hear directly from your probation officer about how well you have complied with your probation, and they will also be able to provide any other reasons for why it is in the best interest of justice that your probation should be ended.
Other reasons that a judge might grant your request to terminate probation early could include the fact that you have already completed all of your special conditions, such as community service, anger management classes or drug education classes. Another reason that a judge might grant your request is that you are no longer a risk to the community or to yourself and that continued supervision would not be in your best interests.
After the judge has heard argument from your lawyer and from the prosecutor, they will decide whether to grant or deny your request to terminate probation early. If your request is granted, the judge will then sign an order that ends your probation early. If your request is denied, the judge will discuss any additional reasons why it should not be granted and provide you with a date for the next probation hearing.
If you have any questions about your eligibility to end your probation early or want to discuss ways to proceed with getting off of probation, contact The Law Offices of Matthew Williams at once. He is an experienced lawyer that has been helping people get off of probation for years and can help you, too. He will take a personal approach to your case and fight for you.
Terminating Probation After a Violation
The state of Florida allows individuals on probation to petition for early termination as long as certain requirements are met. These include completing half of the original probationary term and successfully completing any special conditions of probation, such as community service, substance abuse treatment, self-improvement classes, and random drug testing. They must also pay any court-imposed fines, fees and restitution. If an individual is found in violation of probation, either by committing a new crime or failing to meet any of the required conditions, they can face serious penalties that may affect all aspects of their life. These may include more restrictive terms of probation, heftier fines and higher restitution amounts. In addition, a violation of probation can prevent individuals from finding employment and can lead to the loss of their homes.
Probation is often a preferable alternative to prison for many criminal offenders in the state of Florida, providing them with a chance to get their lives back on track and become rehabilitated. However, the probation process can become frustrating for both offenders and their supervising officers. For this reason, it is important for people on probation to understand the conditions of their probation so they can be sure that they are complying with them.
In the event of a violation, the supervising officer will typically file an Affidavit of Violation or, in felony cases, a Department of Corrections Violation Report. This is a sworn document that outlines the specific reasons why the probation officer reasonably believes that you violated your probation.
In Florida, a judge has discretion to terminate probation early. Often, this is called unsatisfactory or unsuccessful termination.Generally, a person on probation or community control in Florida is not eligible for early termination until at least half of their sentence has been served. Your Gainesville lawyer can help you seek an exception to this rule.The court will hold a hearing on your case to review the evidence and determine if there is cause to revoke or modify your probation. It is critical to have an experienced Gainesville probation violation attorney on your side at this time, as the trial court may find that you are guilty of a violation of probation and reinstate your sentence or order you to serve your original jail or prison sentence again. The hearing will likely hinge on whether the judge believes the probation violation was a willful or not-willing violation of your probation, which could result in an unsuccessful termination of probation in Florida.