Probation is an alternative to jail time in Florida’s criminal justice system. It allows individuals convicted of certain crimes to live in the community under supervision instead of being incarcerated. However, probation can be restrictive, and many people want to end it early. Florida law makes this possible under certain conditions.
Melbourne Lawyer for Early Termination of Probation
If you have had your probation cut short because of a misunderstanding, you need to contact an experienced defense attorney immediately.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Dayton Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
- Law on Probation
- Eligibility for Early Termination
- The Process
- Exceptions
- The Role of a Probation Lawyer
- Additional Resources
- Hire a Lawyer for Early Termination of Probation in Brevard County Florida
Law on Probation
Florida Statutes Section 948.04 lays out the basic rules for how long probation can last and what is required from someone on probation. Generally, probation for a felony cannot last more than two years unless the court orders a longer period. However, this two-year limit doesn’t apply to serious crimes like sexual battery or child abuse where probation might last the entire time set by the court.
Also, under Florida Statutes Section 948.04(3), the Department of Corrections can suggest to the court that probation be ended early if the person has done everything required of them and paid any fines or restitution. This gives the court the power to end probation early or switch it to a less strict form of supervision called administrative probation, as long as certain conditions are met.
Eligibility for Early Termination
- Serve Half the Probation Term: The person must have completed at least half of the probation period.
- Complete All Conditions: The person must have completed all other requirements of their probation, such as attending counseling, performing community service, or any other court-ordered tasks.
- No Violations: The person must not have violated any terms of their probation. Even minor violations can make someone ineligible for early termination. Judges consider consistent good behavior as an important factor when deciding on early termination.
- No Exclusion in Plea Agreement: If the person’s probation was part of a plea deal, that deal must not specifically exclude the possibility of early termination.
- Not a Violent Felony Offender of Special Concern: The person cannot be labeled as a violent felony offender of special concern, which applies to those convicted of very serious crimes.
The Process
- Filing the Motion: This Motion to Terminate Probation should clearly state that the person has met all the eligibility requirements. This includes showing that they have served half of their probation term, completed all conditions, and have not violated any rules.
- Recommendation from the Department of Corrections: Sometimes, the Department of Corrections may recommend early termination to the court if the person has been doing well and has paid all fines or restitution. This recommendation can strongly influence the court’s decision.
- Court Hearing: After the motion is filed, the court may schedule a hearing. At the hearing, the person on probation, their lawyer, and possibly their probation officer can explain why early termination should be granted. The prosecutor may also be there to argue against it if they believe it isn’t appropriate.
- Court’s Decision: The court has the final say in whether probation will be ended early. Even if all the conditions are met, the court can still decide not to grant early termination. If the court denies the request, it must explain why in writing.
- Outcome: If the court agrees to end probation early, the person is released from supervision and no longer has to follow probation rules. If the court denies the request, the person must continue their probation but can apply again later.
Exceptions
- Violent Felony Offenders of Special Concern: Individuals classified as violent felony offenders of special concern are not eligible for early termination. This includes people convicted of particularly violent crimes who are considered a higher risk to the public.
- Community Control: The rules for early termination under Florida Statutes Section 948.04(4) and (5) do not apply to people on community control, which is a stricter form of supervision than probation. People on community control often have to stay at home and are closely monitored. If they are later put on probation, they must serve at least half of their probation term before they can apply for early termination, and they don’t get credit for the time spent on community control.
The Role of a Probation Lawyer
First, your lawyer will check to see if you qualify for early termination. They’ll review your probation terms to help ensure you’ve completed everything required, like attending any necessary programs, paying fines or restitution, and staying out of trouble. This step is crucial because even a small mistake could affect your chances.
Once it’s clear that you’re eligible, your lawyer will file a motion with the court to request early termination. This document needs to be convincing, showing that you’ve met all the legal standards. Your lawyer will gather and include evidence such as certificates of completed programs or positive reports from your probation officer to support your case.
Your lawyer will also represent you at the court hearing. They’ll speak on your behalf, making a strong argument for why you deserve to have your probation ended early. If the prosecutor or judge has any concerns, your lawyer will address them and make sure your side of the story is heard.
Throughout the process, your lawyer will give you advice on what to do and what to avoid to keep your chances of early termination strong.
Additional Resources
Probation Services – In Florida, Probation Services oversee more than 146,000 offenders. These individuals are under the watch of probation officers in various offices, ensuring they comply with court-ordered supervision. The system includes different types of probation, such as drug offender probation and community control. Officers make field visits to homes and workplaces, report non-compliance, and provide resources to help offenders complete their supervision successfully.
Florida Statutes Section 948.04 – This Florida law specifies the maximum length of probation, conditions for early termination, and situations where probation can be converted to administrative probation. Offenders must comply with all conditions, including financial obligations like fines and restitution, to qualify for early termination. The law also provides guidelines for probation officers to recommend early termination to the court, ensuring that probation terms are adjusted based on the offender’s compliance and risk to the community.
Hire a Lawyer for Early Termination of Probation in Brevard County Florida
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Dayton Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
