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One of the most common questions I have heard from clients is, “can my probation be terminated early”? The answer is “yes, if…” A lot can go into the if part here, but you may still be able to have your probation terminated early with some effort. If you’d like to know more about early termination of probation read on to learn more. It can be very important to hire an experienced attorney to handle a process like this for you, which will still require work on your part, time, expense, and a written motion.
Start of Probation
Probation begins when the judge pronounces your sentence in open court following a plea or trial and the judge sees fit to place you on probation instead of or in addition to incarceration. The probation will have a length of time, as well as conditions you need to complete while on probation.
Conditions of Probation
Probation conditions can be either general conditions or special conditions. General conditions are the standard conditions created by statute that apply to all probationers, while special conditions must be orally pronounced by the judge and are specific to your case. Special conditions could be things like do not access the internet, or get a mental health evaluation within 30 days.
What Permits Early Termination of Probation
Early termination of probation is controlled by statute in Florida, and the statute is 948.04. For your convenience I have included a copy of the statute below. Essentially, Florida law allows for probationers who have reached the halfway point of their probation and completed all their conditions without committing any violations, to petition the court for early termination of their probation. Even if the probationer hasn’t reached the halfway point, it is still within a judge’s discretion to terminate probation early if the judge believes it’s appropriate.
Challenges with Early Termination of Probation
Being allowed and actually having an early termination of probation are very different things. Getting probation terminated early can be pretty difficult despite how simple this statute seems. This is because most judges are not inclined to release you from probation for whatever judicial reason they keep to themselves – and you may never know what is really concerning to a judge – be it a sense of punishment, desire to monitor you longer due to a fear of danger, skepticism that a violation is imminent, or proportional treatment with other offenders.
What you need to have an Early Termination of Probation
Factors which are critical in an Early Termination of Probation
More than just the statutory requirements some things are going to be important in deciding if you will get an early termination of probation. Having an attorney who knows your judge and area of law can be important in figuring out the best way to approach a motion for early termination of probation. Some factors that will need to be considered are:
What may stop an Early Termination of Probation
If you are on probation for any serious felony then early termination is unlikely. A judge will want to see you finish out your entire probation term if you were sentenced for a serious crime. This is especially true if you were sentenced to prison and your probationary term began upon your release. That could be almost any kind of charge involving danger, sex, or a combination of prison and probation, like DUI manslaughter, sexual battery, burglary of a dwelling, or possession of a firearm to name a few.
Judges are more likely to give early termination to first-time offenders than anyone else. If you have a criminal record the chances of having your probation terminated early drop.
If you violated your probation at any point during your term it is extremely difficult to have your probation terminated, It puts you in a position of having the judge question their ability to trust almost anything you say or do from that point on.
If you still owe court costs, costs of supervision, haven’t completed conditions, or haven’t done your community service hours, assume you aren’t getting anywhere with a request for early termination of probation.
However, each case is unique so it is wise to consult with a criminal defense attorney when deciding whether to move for early termination of probation. If you are seeking expert help with a Criminal Defense question, need to get the best possible chance of early termination of probation, or have any other serious matter, call Matt Landsman Board Certified Criminal Trial Attorney at Landsman Law for help today.
948.04 Period of probation; duty of probationer; early termination; conversion of term.—
(1) Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No defendant placed on probation pursuant to s. 948.012(1) is subject to the probation limitations of this subsection. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control.
(2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.
(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.
(4) Except as provided in subsection (5), for defendants sentenced to probation on or after October 1, 2019, the court, upon motion by the probationer or the probation officer, shall either early terminate the probationer’s supervision or convert the supervisory term to administrative probation if all of the following requirements are met:
(a) The probationer has completed at least half of the term of probation to which he or she was sentenced.
(b) The probationer has successfully completed all other conditions of probation.
(c) The court has not found the probationer in violation of probation pursuant to a filed affidavit of violation of probation at any point during the current supervisory term.
(d) The parties did not specifically exclude the possibility of early termination or conversion to administrative probation as part of a negotiated sentence.
(e) The probationer does not qualify as a violent felony offender of special concern under s. 948.06(8)(b).
(5) Upon making written findings that continued reporting probation is necessary to protect the community or the interests of justice, the court may decline to early terminate the probationary term or convert the term to administrative probation for a probationer who is otherwise eligible under subsection (4).
(6) Subsections (4) and (5) do not apply to an offender on community control. If an offender on community control is subsequently placed on probation, he or she must complete half of the probationary term to which he or she was sentenced, without receiving credit for time served on community control, before being eligible for mandatory early termination or conversion to administrative probation under this section.
Have you been accused of a crime in Gainesville or North Florida and have questions about 1st appearance and bond? Call or contact us online to schedule a free consultation in Gainesville Florida.