Pumphrey Law Criminal Defense Early Termination of Probation

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 that the individual on probation 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 any other provisions of probation that may be required.

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 law, 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 free consultation about your case.

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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

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Eligibility for Early Termination of Probation

Anyone can be eligible for probation termination; 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:

• Serving at least half of your probationary period before filing a petition to terminate;
• Meeting all financial requirements, such as paying fines and court costs; and
• Completing all special requirements to your probation, such as classes or counseling; and,
• Finishing community service hours.

Special conditions of probation will be different for everyone and should be outlined in the Order of Probation for each case. The judge also announces the conditions during sentencing.

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.

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How to File for Early Termination of 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 file a Motion to Terminate Probation early, or contact a defense attorney to file it. 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 allowed to terminate probation early. 

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Modification of Probation in Florida

If you have not served at least half of your probationary sentence, are not sure early termination of your probation will be granted, or don’t agree with the terms of your probation, you can attempt to modify your probation instead.

The terms of your probation can be modified for:

• Travel out of town to attend a funeral or visit a sick relative,
• Addressing medical issues,,
• Leaving the state,
• Elimination of a curfew provision,
• Modification or removal of a “no contact” provision, or
• For any other good reason to modify the conditions of your probation.

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Probation Resources in Florida

• 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
  (850) 410-7640

• 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
  (850) 577-4000

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Pumphrey Law | Probation Termination Attorneys in 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 free consultation about terminating your probation early.

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Article last updated on March 3, 2021.