Early Termination of Probation
Some criminal offenders are released from imprisonment early on probation or are granted probation as a part of their sentence. These offenders may want to terminate their probation early for a number of reasons. Any ex-offender can be granted an early termination of probation as long as they follow a required procedure and meet certain eligibility requirements.
There are a variety of benefits for terminating probation early, including the offender will no longer be required to attend classes, pay monthly supervision fees, submit to random drug or alcohol classes, and will be permitted to leave the city or state.
Even if you believe you are not eligible for early termination of probation because your sentencing judge stated you were not eligible, the offender may still be allowed to terminate their probation early. Under Florida law, anyone can petition for early termination of probation, regardless of whether the judge said at the sentencing for the underlying offense you were not eligible for early termination of probation. According to Florida Statutes § 984.05, the court is permitted to terminate probation at any time for any reason.
Early Termination of Probation Lawyer in Orlando, FL
The attorneys at Hale, Hale & Jacobson can help you file for an early termination of probation in Orlando, Florida. Maria D. Hale and Richard O. Hale will listen to the facts of your particular situation, and determine if you will be an eligible candidate for early termination of probation. Contact the attorneys of Hale, Hale & Jacobson at (407) 425-4640 for a consultation about your probation questions today.
Orange County, FL Probation Information Center
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Persons Eligible for Early Termination of Probation
Although anyone can be eligible to file for an early termination of their probation, the judge is not required to grant the request. There are certain factors that will increase your chances of a judge agreeing to terminate your probation early.
Pursuant to Florida Statutes § 984.04, these factors can include:
Serving at least half of your probationary period before filing a petition to terminate probation;
Paying all required costs and fees associated with your probation; and
Completing all other requirements of your probation including community service requirements or attending classes and substance abuse counseling.
Every offender’s probation requirements will be different, and can be found in two places. They were announced by the judge in court at the time you were sentenced, and are also itemized in your Order of Probation.
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Early Termination of Probation Process
If someone who is on probation has met the eligibility requirements by completing at least half of their probation sentence, and the other requirements as set forth in the Order of Probation, they will have to file a Motion to Terminate Probation Early in order to apply for early termination of probation. Your attorney will be able to file this motion on your behalf.
The Motion to Terminate Probation Early includes the person on probation’s name, case number, and the division where the probationer’s underlying offense was sentenced. Attached to the motion will be a Proposed Order for the judge to sign if the Motion to Terminate Probation Early request is granted.
The Motion to Terminate Probation Early is filed with the clerk’s office, and a copy is required to be sent to the state attorney’s office and the offender’s probation officer. After your attorney has filed the motion, the clerk will set a hearing date. After the hearing date has been set, a Notice of Hearing has to be filed and served on the state’s attorney’s office and the offender’s probation officer.
Because this process can be difficult and there are a number of requirements, an experienced attorney will be able to make sure the probationer’s paperwork has been completely filled out, everything has been properly filed and served on the correct people, and will make every effort to hold your hearing to terminate probation as early as possible. An attorney can also help an offender make sure they have completed all probation requirements and talk to the offender’s probation officer to make sure they will give a favorable recommendation for the offender.
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Modification of Probation
Even if you are not eligible to terminate your probation early or if you have not served at least half of your probationary sentence, you can still file a motion to modify the terms of your probation. You can also attempt to modify your probation for any other reason you don’t agree with the terms of your probation.
Examples of reasons offenders on probation may want to modify their probation include:
- Modification for someone who has medical issues that need to be addressed
- Modification to change a requirement that prevents the offender from leaving the state
- Modification to eliminate a “no contact” provision
- Modification to eliminate a curfew provision
- Modification to travel out of town to attend a funeral or visit a sick relative
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Orlando Resources for Early Termination of Probation
Florida Department of Corrections – The Florida Department of corrections supervises offenders released on community supervision and provide for the safety of the community by ensuring ex-offenders comply with their probation requirements. The correction officers are responsible for meeting with released offenders, conducting interviews, drug testing, and visiting ex-offenders at their jobs and homes. The Orlando regional office is located at:
Orlando, Florida Department of Corrections
2301 Meeting Place
Orlando, Florida 32814
Phone: (407) 623-1026
Florida Department of Law Enforcement (FDLE) – The FDLE is a Florida governmental agency that promotes the public safety of citizens by preventing and investigating criminal offenses. The Orange County regional Department of Law Enforcement is located at:
Orlando Regional Operations Center
500 West Robinson Street
Orlando, Florida 32801-1771
Phone: (407) 245-0888
Fresh Start Ministries – This faith-based program is dedicated to providing transitional housing, education and support services treatment for men who are in recovery from problems that have afflicted their lives, such as substance abuse or criminal convictions. The program is located at:
Fresh Start Ministries
4436 Edgewater Drive
Orlando, Florida 32804
Phone: (407) 875-3700
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Hale, Hale & Jacobson | Orlando Early Termination of Probation Attorney
The attorneys at Hale, Hale & Jacobson will listen to the facts of your probation, and help you identify if you are eligible for early termination. They are experienced with the probation termination proceedings, and will make every effort to help you terminate your probation early if you are eligible. Contact Hale, Hale & Jacobson at (407) 425-4640 for a consultation about your probation questions in Orange County and the surrounding areas, including Orlando, Seminole County, Osceola County, Winter Park and Kissimmee.