Early Termination of Probation
If you have been convicted of a crime in Florida, you may have been released on probation, or granted probation as part of your sentencing. Alleged offenders who are released on probation may want to file a petition to terminate their probation early. An early termination of probation can be granted to anyone as long as they meet certain eligibility requirements.
The benefits of early termination of probation are the alleged offender is no longer required to pay the monthly cost of supervision fees, attend classes, be confined to a certain town or specified place, submit to random drug or alcohol testing, or can allegedly violate any other provisions of probation requirements.
Tallahassee Early Probation Termination Lawyer
If you are currently serving probation in the Florida Panhandle, an experienced Leon County defense attorney can analyze the facts of your case, and can help you apply for early termination of probation. The attorneys at Pumphrey Law are familiar with Florida’s laws, and can help you achieve the best possible outcome in your situation. If you want to apply for early termination of probation in Florida, contact the firm today for a consultation about your case.
Florida Probation Information Center
- Eligibility for Early Termination of Probation in Florida
- How to File for Early Termination of Probation
- Penalties for Violating Probation in Florida
- Probation Resources in Florida
Anyone can be eligible for probation; however, in order to achieve the most desirable outcome, there are a few factors that will increase your chances of the judge agreeing to terminate your probation according to Florida Statutes § 948.04. Some of these factors include:
- Serve at least half of your probationary period before filing a petition to terminate;
- Meet all financial requirements, such as paying fines and court costs; and
- Complete all special requirements to your probation, such as completing classes or counseling and finishing community service hours.
Special conditions of probation will be different for everyone, and should be outlined in your Order of Probation. The judge also announced the conditions when you were sentenced.
These policies are usually the same for someone who wants to terminate their house arrest or community control early. If you have served at least half of your sentence, the judge will sometimes add the rest of your sentence to the remainder of your probation.
If you have completed at least half of your probationary period and completed all special requirements according to your Order of Probation, you may want to file a Motion to Terminate Probation early. This motion will include your name, case number and the division of your underlying offense. The motion will also have a Proposed Order for the judge to sign if your motion is granted. An attorney can file this motion with the clerk’s office, send a copy to the state attorney’s office, and a copy to your probation officer. Once the motion has been filed, a hearing date will be set. Your attorney will file and serve a Notice of Hearing on the state’s attorney’s office and your probation officer.
An attorney can make sure all your paperwork is accurately filled out and attempt to have the hearing to terminate your probation held early. You attorney will also make sure all your probation requirements are met so a judge is more likely to release you from probation, and your attorney will also talk to your probation officer to make sure they will give you a favorable recommendation, and that you have met all requirements for your probation.
Even if the judge said you were not eligible for early termination of your probation at the time of your sentencing, you still may be allowed to terminate early. Under Florida law, anyone can petition for early termination of probation, regardless of whether the judge stated you were not allowed to terminate probation early. According to Florida Statutes § 984.05, the court may terminate probation at any time of an alleged offender for any reason.
If you have not served at least half of your probationary sentence and are not sure early termination of your probation will be granted, or for any other reason you don’t agree with the terms of your probation, you can attempt to modify your probation.
The terms of your probation can be modified for:
- Travel out of town to attend a funeral or visit a sick relative,
- If you have medical issues that need to be addressed,
- If you want to modify a provision that prevents you from leaving the state,
- If you want to eliminate a curfew provision,
- If you want to modify a “no contact” provision, or
- For any other good reason to modify the conditions of your probation.
Florida Department of Law Enforcement – A Florida governmental agency that promotes public safety by preventing, investigating and solving crimes. The Department is located at:2331 Phillips Road
Tallahassee, Florida 32308
Leon County WebSite – The Leon County, Florida’s official government website has a variety of information about the county, courthouses, community resources and local government links. The Leon County Courthouse is located at:301 S. Monroe Street
Tallahassee, FL 32301
Pumphrey Law | Probation Termination Attorneysin Tallahassee
If you are on probation in Leon County, Tallahassee, contact the attorneys at Pumphrey Law to discuss the facts of your particular case. An experienced attorney may be able to help you file for an early termination of your probation. Our attorneys have represented those on probation in Florida, and will work with you to present the possible case to the judge in order to have your probation terminated early. Contact us at (850) 681-7777 for a consultation about terminating your probation early.
Article last updated October 22, 2016.
Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.