In the state of Florida, an individual who is on probation and who has completed half of the court imposed probationary term may petition for early termination of probation. This requires, of course, that you have been compliant with the terms of probation up to this point. Not everyone is a candidate, however many people are. At Adams & Luka, our Orlando criminal defense attorneys can help determine if you may be eligible to have your probation terminated early. We understand that the conditions and terms are often tough; no one wants to remain on probation for longer than absolutely necessary. Show
There are several factors which may affect your eligibility for early termination. These include:
It is important to note that whether your probation is terminated early is completely discretionary on the part of the court. It is not Florida law that the court must grant early termination of probation due to good behavior, or simply because you request it. How likely it is you will be granted early termination may also depend on the type of offense you committed, and whether you are a first-time offender. For example, someone who is on probation and under supervision for a violent offense will not likely be granted early probation termination. Those who are repeat offenders are also not likely to have probation terminated early. However, those on probation due to less serious or violent offenses such as DUI or drug possession and who are first-time offenders are more likely to be granted early termination of probation. Strong Criminal Defense Services to Individuals in Orlando and Throughout Central Florida While some individuals may successfully request early termination of probation before half of the probationary period has been served, most judges will not consider a motion to have probation terminated early until the probationer has completed half of the term. We understand that while being on probation is much preferred to being locked up behind bars, it nevertheless is an unpleasant experience. No one wants to be under court ordered restrictions and monitored by probation officers. If you have violated the terms of your probation, failed to meet with your probation officer, or committed a new crime while on probation, it is not likely you will be granted early termination of probation. However, if you have not violated probation and met the eligibility requirements listed above, your chances of success are very good. Contact Adams & Luka Today At Adams & Luka, we understand you are anxious to regain your freedom and be out from under the microscope of the court. If you feel you are eligible, we will review your case and file a motion for early termination of probation. It is always helpful if your probation officer and the state attorney do not object to the motion, however it is the judge who will make the final determination. Our Orlando early termination of probation lawyers are dedicated to our clients, and will devote our time and resources to the desired outcome. Call us now for a free consultation at (407) 872-0307 or (352) 787-2101.  There are many benefits of obtaining early termination and no harm in trying to pursue this important option. Contents
What is Early Termination of Probation?Early termination of probation is exactly what it sounds like – you get off probation early! However, it is important to note that getting early termination can be difficult, and skilled lawyers will need to prepare a detailed argument on your behalf to convince the judge. What is the Process For Early Termination?To obtain early termination, you must request a hearing with the court and file a motion for modification of probation at least two days prior to the hearing. The prosecutor and court must both receive the motion. Your lawyer may talk to the prosecutor in advance to see if they oppose the motion. At the hearing, both sides will present arguments in favor of or against early termination. When the hearing is over, the judge will decide to grant or deny the motion for early termination. If the motion is granted, your probation will end. Alternatively, it could be denied with the option of petitioning again at a later date, or it could be denied with prejudice. A denial with prejudice means you are not allowed to request another early termination and will be required to finish the complete term of probation. Filing a premature motion for early termination before you satisfy the eligibility requirements may make a denial more likely. Also, more serious crimes, such as sex crimes or violent crimes, may make a judge more likely to dismiss with prejudice. What are the Eligibility Requirements for Early Termination?To qualify for early termination of probation, a probationer must be compliant with all the terms of their probation. Otherwise, they will not satisfy the “good conduct” requirement under Section 1203.39(a). The conditions of probation are different for everyone. Some of the common conditions of probation include:
Typically, if you have followed all the terms of your probation, you will qualify for early termination. Judges usually will not consider early termination unless you have finished at least half of the probationary period. Judges like to see law-abiding conduct for a substantial amount of time to show rehabilitation was successful. What Other Factors are Considered by the Court?If you meet the eligibility requirements (by complying with all the terms of probation), you will still need to convince the judge at a hearing that you deserve early termination. Your lawyer will argue that you are fully rehabilitated and no longer need supervision or pose a threat to the community or yourself. Some of the factors that the court will look at to satisfy the “reform” requirement under Section 1203.39(a) include:
Your probation officer may be an important witness at your early termination hearing. If they are in your corner, your chances of early termination will increase. If your probation officer believes continued supervision is necessary, it will be a tougher sell to the judge. Don’t ever discuss legal strategy with your PO; it is important to only talk to your lawyer when considering early termination. Your lawyer will advise you on how to proceed, not a representative of the state of California. What are the Benefits of Early Termination of Probation?Early termination of probation is a huge deal. It can provide you with very important benefits such as:
When people talk about “getting caught up in the system,” they are often talking about probation. Probation conditions are numerous and difficult to comply with. Obtaining early termination greatly reduces the risk of recidivism. Recidivism is a fancy term that means reoffending and landing back in jail. California passed Assembly Bill 1950 in October 2020 (effective January 2021) to address concerns about recidivism and probation reform. This law greatly reduced the maximum term of probation for many different types of crimes. The new maximum terms of probation are one year for misdemeanors and two years for most felonies. The maximum terms don’t apply to every type of crime, however. Some still have longer terms by law. The shortened maximum terms make early termination of probation less important to some people. However, because the maximum terms were not shortened for all offenses, many probationers can greatly benefit from early termination, particularly for more serious felonies. Contact a Los Angeles Criminal Defense Lawyer for HelpIt is our hope that you have a better understanding of what is early termination of probation and how you can qualify after reading this article. Probation laws can be confusing, and our legal team is always happy to explain the nuances to our clients. The criminal defense lawyers at Rodriguez Law Group have helped numerous clients fight for early termination and would love to help you as well. If you have questions about your unique situation, get in contact with our team or call us at (213) 995-6767. Last Updated on September 30, 2021 How do I file for early termination of probation in Florida?How to Terminate my Probation? To request early termination your criminal defense attorney will file a petition with the court asking to terminate your probation early. The court will then schedule a hearing on the matter. At the hearing, your attorney will present all relevant facts to the judge for consideration.
How do I get off probation early in Tennessee?After you have completed at least one year of supervision, your attorney can petition the Court, or. After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.
How can I terminate my probation early in Georgia?File a petition- With the help of a Georgia probation attorney, you can file a petition for the court to review the case and give you early probation termination. Your attorney should present a reasonable explanation as to why you deserve to get the termination.
Can you get off probation early in Kansas?Can you terminate Kansas probation early? Yes. Kansas law gives judges the authority to release defendants from probation early. (Generally, to be released from probation early you have to pay off your fines, complete at least half of your probation and complete all court ordered classes and treatment.)
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