how much is the early termination lawyer of probation in bay county florida

How do I get early termination of probation in Florida?

Early Termination of Probation. In Florida people are sentenced to probation for a variety of offenses. Most probationers try to pay their fines and complete their conditions as quickly as possible so that they can request early termination of probation. Fines may include court costs, investigation fees, restitution, and supervision costs.

Can You terminate probation early at your sentencing hearing?

Many offenders are promised early termination of probation at their sentencing hearing only to find out later on that no one will explain how to terminate probation. Sometimes the possibility of early termination of probation is written into the Order of Probation, but that often still does not help.

What are the conditions of probation in Florida?

Based on Florida Statute 948.03, the court can and often times will impose certain conditions of probation: including but not limited to: Submit to warrantless searches. Probation officers have a lot of discretion when it comes to handling their cases.

What are the reasons for the termination of probation?

The reasons may include: all fines and fees have been paid; the offender has not re-offended; and any other reasons that might persuade the judge to end the probation.

How do I get an early termination of probation in Florida?

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 long does a motion for early termination of probation in Florida?

If no hearing is required, the motion can be done within a week or less and if a hearing is required it will depend on the judge's schedule but will most likely be done within 1 week to 1 month.

Can you pay to get off probation in Florida?

Yes. Florida 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.)

How probation case is terminated?

- After expiration of the original or extended probation period and based on due consideration of the POs final report, the Trial Court may order the final discharge of the probationer upon finding that he has fulfilled the probation terms and conditions and, thereupon, the probation supervision case is deemed ...

How do you get a probation fee waived in Florida?

If you have been ordered to pay the cost of supervision in multiple cases or are unable to pay the cost of supervision you can file a request with the court to waive or reduce those fees. Contact your probation officer to determine what information you may need to provide regarding your income.

How can I end my probation early?

Probationary period dismissal procedure: Provide evidence to support your concerns. Give them the chance to respond to the issues that you raise. Decide the outcome—to terminate their contract or extend their probation. Give them a copy of the outcome in writing.

What is the fastest way to terminate probation?

With that goal in mind, here is a look at the five major steps to getting an early termination of your probation.Step 1: Consult an Experienced Defense Attorney. ... Step 2: Keep a Clean Record. ... Step 3: Serve at Least Half of Your Probation Term. ... Step 4: Petition the Court. ... Step 5: The Hearing.

How much are probation fees in Florida?

Standard Probation Conditions Paying a monthly fee of $50 plus any county court surcharge. Paying a fee of $1 per each month of probation up to $60 within the first 90 days of your probationary period. Obtaining consent of your probation officer if you wish to change residences or employment or travel out-of-state.

How do you write a letter to judge off probation?

Get straight to the point: “Your Honor, I am writing to petition the court for an early release from probation.” Judges are busy people and they don't want to read long-winded letters. Write your reasons for early release in easy-to-understand language. Keep your paragraphs and sentences short.

What are the grounds for the termination of probation supervision case?

(a)successful completion of probation; (b)probation revocation for cause under Section 49 (a-c) of these Rules; (c)death of the probationer; (d) early termination of probation; or (e)other analogous cause(s) or reason(s) on a case-to-case basis as recommended by the probation Office and approved by the trial court.

Can the period of probation be modified?

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon application of either the probationer or the probation officer, revise or modify the conditions or period of probation.

Can you leave the state on misdemeanor probation in Florida?

Florida Administrative Code 33-302.016 outlines policy for intrastate travel of those on probation. The code says that no offender may leave his or her county of residence without first obtaining consent from the probation officer.

Why did probation end?

The reasons may include: all fines and fees have been paid; the offender has not re-offended; and any other reasons that might persuade the judge to end the probation. If the offender was promised early termination of probation after a period of time, but it was left off of the court order, he should state that fact.

What is the certificate of service for probation?

At the end of the petition to terminate probation, after the signature line, there must be a certification that a copy of this petition has been sent to the probation officer. This gives the probation officer notice, and if he disagrees with early termination, the opportunity to say so.

Can probationers waive unpaid fees?

The probationer can also request that the court waive unpaid costs of ongoing supervision. In other words, providing the probationer is current on his supervision fees, and only incurs those as he is supervised, he can save those fees if he is released from probation.

Can probation be terminated?

In general, offenders who have complied with all the terms and conditions of their probation agreement, have not re-offended, and paid all of their fines and costs of supervision may petition the court to have their probation terminated.

How to terminate probation early?

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.

Is probation good for you?

Probation probably sounded great at the time; however, after spending several months on probation you may now feel differently. Probation is costly, restrictive, and requires a good deal of your time in many cases.

Is probation a prison sentence?

Undeniably, being sentenced to probation is preferable to a prison or jail sentence. At the same time, spending months, or even years, on probation can be its own version of jail. As a probationary, you are subject to a search of your home at any time.

Can probation be terminated early?

These are the kinds of facts a judge likes to hear when considering a petition to terminate probation early. If the judge is convinced that you deserve a break, your probation term will be terminated early.

What are the fines for probation?

Fines may include court costs, investigation fees, restitution, and supervision costs.

What are the conditions for probation?

Probation conditions include general conditions, like – to obey all laws, not re-offend, and no police contact; and special sanctions, like – community service or classes. It is a myth that early termination of probation cannot be granted unless the possibility is noted in the Order of Probation.

How long does it take to get a conviction expunged?

A criminal record with a conviction can be sealed after a waiting period, usually a minimum of five years, after the offender has completed all supervision.

Can a probationer be discharged from community control?

A court may at any time cause a probationer or offender in community control to appear before it to be admonished or commended, and , when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer or offender in community control from further supervision.

Can a probationer file a motion for early termination?

But, it is the right of the probationer to file a motion to request early termination; and it is the obligation of the court to consider the request. If a probationer has completed all conditions, paid all fines, has not re-offended and half of the probationary period has passed, it is a worthwhile effort to request early termination.

Can a private entity see past a criminal record?

Once a criminal record is sealed, the offender can truthfully state that he does not have a criminal conviction. Government entities including government employers can see past the sealed record, and see that there was a past conviction. Private entities and employers cannot see past the seal.

Does a defendant have to pay restitution?

Defendant has paid all fines, court costs, and restitution. Defendant has not re-offended or had any contact with law enforcement. Also if there are any other circumstances that might convince a judge that there is no need for the probationer to continue to be supervised, these should be included in the motion.

What Does Modification of Probation Mean?

The ability to modify probation, allows the judge the opportunity to amend or change certain terms of your probation if the judge decides that the change of terms is warranted based on the circumstances. If, for example, you are unable to pay for all of your court costs or cost of

Motion to Modify Community Control

If you are on community control and have unforeseen circumstances, you are able to ask for a modification of your community control.

Early Termination of Probation

If you have completed half of your probation term and have had no violations, you have another way to ease the burden of being on probation through early termination. A motion to terminate probation early is basically a way to reduce the time you are on probation.

Early Termination of Community Control

If you are on community control, you may qualify to have the remainder of your community control term either terminated early or rolled over to probation after completing half of the term. If your community control is followed by probation, the term will usually roll over the remainder of your term to probation.

Do I Need a Lawyer to File a Motion for Early Termination of Probation?

Generally, there is no requirement that you are represented by an attorney for a motion for early termination. However, an attorney can be very helpful and ensure you have the best chance in getting your motion granted.

Early Termination of Probation

If you would like to speak with a Brevard County Early Termination of Probation Attorney, then Contact the Melbourne The Canina Law Firm today. We can speak with you either on the phone or in the office to discuss filing a motion to terminate your probation early.

Am I Eligible for Early Termination?

To have the best chance of early termination you should normally wait until you have served at least one half of your probationary period, and completed all special conditions of your probation, including paying all of your monetary obligations in full. At the half way point, you should then apply for early termination of your probation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL..

Rida Statutes - 948.04 and 948.05

See more on faldp.org

Judge's Discretion

The Motion Should Include

Expunge & Seal