One thing that all probationers have in
common is that they want to get off probation. Even though someone
may be ever so thankful that they're on probation rather than in
custody, most people just want to get off any form of supervision and
get on with their life. For first time offenders of nonviolent
crimes, the jail sentence is often reduced to probation - hopefully
with adjudication withheld,
Many probationers are well aware of
their responsibilities and conditions of probation. However, the
support of family members who also educate themselves about the
probationer's rights and responsibilities can be helpful to the
probationer so that he or she can successfully complete a
probationary sentence. Probation is a frightening, intimidating, and
demeaning experience. Some of the rules and conditions can become
difficult to comply with or carry out. The standard prohibition of
staying within the county, for example, can be especially difficult
for some. If a probationer resides in one county, but their work is
in another county, this should be addressed with the court right
away. Otherwise a traffic stop on the way to work could spin out of
control into a violation of probation, which can mean instant
incarceration.
No small wonder probationers just want
to get off probation to go on with their lives. Courts look for
specific factors in determining whether a probation sentence should
be ended – but the early termination of probation is never
guaranteed, it is always to the judge's discretion. The factors
considered in early termination of probation are:
- The probationer has completed approximately half of his probationary sentence;
- The probationer has not violated his probation or re-offended;
- Conditions such as courses, community service, etc are complete; and
- The probationer has paid all fines, fees, court costs, and restitution, if any.
Even if the Order of Probation states:
No Early Termination. The probationer still has a right to request
it. Keep in mind that it is up to the judge's discretion whether to
grant early termination of probation. See Arriaga v. State, 666 So.2d
949 (Fla. 4th DCA 1996). And, more recently, the Second District
Court of Appeals ruled that the trial court may not impose a
condition of probation indicating "no early termination of
probation." Murphy v. State, 976 So.2d 1242 (Fla. 2d DCA
2008).
During probation the offender is
required to follow certain rules, and may also be required to
complete specific tasks. These are called “conditions of
probation”. According to Florida Statute 948.03, some of the most
common standard conditions are:
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 officer
as directed.
(b) Permit the probation officer 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.
In addition the court may impose
additional conditions such as community service, classes, and
restitution. There are also other additional conditions for sex
offender probation, drug offender probation, and domestic violence
probation.
According to the ANNUALREPORT FLORIDA
DEPARTMENT OF CORRECTIONS 2016-2017
“Probation Probation is a
court-ordered term of community supervision under specified
conditions for a specifc period of time that cannot exceed the
maximum sentence for the offense. It is the most common type of
community supervision. The offender on probation is required to abide
by all conditions ordered by the court. Offenders on probation must
comply with standard conditions of supervision, including but not
limited to: no violations of the law, monthly reporting requirements,
not changing residence or employment or leaving the county without
the consent of the probation officer, submitting to random drug
testing and searches, and paying the costs of supervision. The
sentencing judge will often impose special conditions of supervision,
including but not limited to, substance abuse or mental health
treatment, victim restitution, and community service hours. Willful
non-compliance or a violation of any of these conditions may result
in modification of the sentence or revocation by the court.
Additionally, courts may decide to impose the original sentence that
was served by the probation.”
Over the years, I have prepared documents for hundreds of people seeking Early Termination of Probation, Modification of Probation, or Early Termination of Community Control. As far as I know, almost all of these have been granted. I know that one was denied where the probationer had been sentenced to seven years of probation for offenses that included trafficking cocaine. I think this person had a very good criminal defense attorney at trial, and was very lucky to be on probation rather than in prison. Another that I know was denied, was a woman who was on probation for child endangerment. Her request for early termination of probation was denied, probably, at least in part, because she insisted on including in her written request that she was pregnant again.
Sometimes probationers must appear at a court hearing and explain to the judge why they're seeking early termination of probation, and answer the judge's questions about their life. For some, this is too intimidating, and for those people, we suggest that you retain counsel. However, for people who are confident that they are now on the straight and narrow, and have, in fact, rehabilitated themselves, a court hearing is their chance to explain their new found life and goals to the judge.
One woman for whom I prepared documents had been in prison for seven years, and then on supervised release probation for an additional seven years for vehicular homicide. While in prison she had taken every possible program and course to improve her life. Upon release she got married, and at the time she requested probation was pregnant with her first child. She had transferred her probation from Florida to Michigan. The court required her to travel to Florida for a hearing regarding her request for early termination of probation. The hearing was the first week of December, and she was petrified that she would be traveling all the way to Florida, while pregnant, just to be denied. The judge did not rule at her hearing. But, on Christmas Eve, she received the Order Termination Probation in the mail. She told me it was the best Christmas present she ever imagined.
