Saturday, March 26, 2016

Early Termination of Probation

Many regular everyday Joes and Janes find themselves on probation due to a one time mistake. For law abiding citizens, probation is not only embarrassing but also difficult to live with. Some people find that the reporting requirements, regularly leaving work to visit the probation office, make it difficult to keep a job. Others find that its difficult to secure employment at all while on probation.

Sometimes permission for early termination of probation is written into the sentencing order for probation. But, it won't come automatically. A probationer still must request early termination of probation, and generally their defense attorney is long gone. The courts usually require that a probationer complete at least half of their probationary sentence before requesting early termination. Even if the probation period is only one year, six months later a probationer usually must pay his defense attorney more to request early termination. The request for early termination is not usually part of the initial retainer agreement. Likewise, if the probationer had a public defender as a defense attorney, the public defender is not usually able to assist with early termination of probation due to budget restraints.

Many probationers don't realize that they can request early termination of probation for themselves and proceed as a pro se litigant (self-represented). While the decision to early terminate is at the judge's discretion, it is the probationer's right to request it. Some counties offer form packets for early termination, and some document preparers, such as www.for-the-people-of-Florida.com prepare the early termination forms for a nominal fee.

There are various types and levels of probation, including administrative, drug offender, sex offender, community control, and pre-trial intervention. Each type and level of probation includes its own set of restrictions and accompanying conditions.

The court can impose various conditions that a probationer must comply with or complete. Conditions may include community service, classes, and travel restrictions.


"Probation is a court-ordered term of community supervision under specified conditions for a specific period of time that cannot exceed the maximum sentence for the offense. The probationer is required to abide by all conditions ordered by the court. Violation of these conditions may result in revocation by the Court and imposition of any sentence, which it might have imposed when originally placing the offender on probation. The probationer is generally required to pay the cost of supervision to the state of Florida, and may have additional conditions requiring payment of restitution, court costs and fines, public service and various types of treatment.

The probationer is usually required to visit his supervising officer in the local office at least once a month and depending on the probationer's status, the officer may visit the offender at his/her home and/or place of employment."

948.04 Period of probation; duty of probationer; early termination.—

(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.

Following are probation conditions/ requirements that the court may impose. Isn't it worth your while to at least request that you be released from probation?

948.03 Terms and conditions of probation.—

(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall:
(a) Report to the probation and parole supervisors as directed.
(b) Permit such supervisors to visit him or her at his or her home or elsewhere.
(c) Work faithfully at suitable employment insofar as may be possible.
(d) Remain within a specified place.
(e) Live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of probation, community control, or any other form of court-ordered supervision.
(f) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, it shall state on the record in detail the reasons therefor.
(g) Effective July 1, 1994, and applicable for offenses committed on or after that date, make payment of the debt due and owing to a county or municipal detention facility under s. 951.032 for medical care, treatment, hospitalization, or transportation received by the felony probationer while in that detention facility. The court, in determining whether to order such repayment and the amount of the repayment, shall consider the amount of the debt, whether there was any fault of the institution for the medical expenses incurred, the financial resources of the felony probationer, the present and potential future financial needs and earning ability of the probationer, and dependents, and other appropriate factors.
(h) Support his or her legal dependents to the best of his or her ability.
(i) Make payment of the debt due and owing to the state under s. 960.17, subject to modification based on change of circumstances.
(j) Pay any application fee assessed under s. 27.52(1)(b) and attorney’s fees and costs assessed under s. 938.29, subject to modification based on change of circumstances.
(k) Not associate with persons engaged in criminal activities.
(l)1. Submit to random testing as directed by the correctional probation officer or the professional staff of the treatment center where he or she is receiving treatment to determine the presence or use of alcohol or controlled substances.
2. If the offense was a controlled substance violation and the period of probation immediately follows a period of incarceration in the state correction system, the conditions shall include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s.943.10(3).
(m) Be prohibited from possessing, carrying, or owning any:
1. Firearm.
2. Weapon without first procuring the consent of the correctional probation officer.
(n) Be prohibited from using intoxicants to excess or possessing any drugs or narcotics unless prescribed by a physician. The probationer or community controllee shall not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.
(o) Submit to the drawing of blood or other biological specimens as prescribed in ss. 943.325 and948.014, and reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement.
(p) Submit to the taking of a digitized photograph by the department as a part of the offender’s records. This photograph may be displayed on the department’s public website while the offender is under court-ordered supervision. However, the department may not display the photograph on the website if the offender is only on pretrial intervention supervision or if the offender’s identity is exempt from disclosure due to an exemption from the requirements of s. 119.07.
(2) The enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such other or others as it considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s.827.071, s. 847.0135(5), or s. 847.0145, to reside in another state, if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of probation, the period shall not exceed 364 days, and incarceration shall be restricted to either a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services.

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