Wednesday, May 13, 2020

Guess what, Mom! I'm OFF probation.




Probationers come in all ages, shapes, and sizes. But the one thing they all have in common is that they want to be off of probation as soon as possible.

Probation in Florida: Learn the Rules of Probation



Probation in Florida is a punishment that may allow an offender to avoid jail time or to serve less time. The punishment aspect of this penalty is the adherence to certain terms.
It’s also a way to monitor the actions of someone on probation. So if a probationer breaks the law or violates one of the terms, it could result in being re-sentenced and spending time behind bars.


Those who generally qualify for probation are people convicted of a nonviolent or minor crime, along with those who don’t have a criminal history. Or if someone has already served time, the remainder of the sentence could be served through probation.

Types of Probation


There are two main types, misdemeanor and felony probation. Although the terms vary for each person, they will be different especially when it’s a misdemeanor versus felony. One of the biggest differences is that felony probation is generally longer, lasting about three to five years, compared to misdemeanor probation generally lasting one to three years.


Probationers often request early termination of probation after serving about half of the probationary sentence. Upon the judge's discretion, It may be granted providing the terms were met and there were no violations.

House arrest, which is also called community control, usually requires the probationer to be electronically monitored.. If drugs or alcohol were involved in the crime, rehabilitation or counseling might be required.

Terms of Probation


The terms of probation vary from one case to another. Some are fairly common, such as obeying the law; showing up at scheduled meetings with the probation officer; abiding by court orders (such as the payment of fines); and completing conditions such as community service or court ordered classes.

Other terms are specific to the individual. They may address issues such as abstaining from drugs or alcohol, submitting to drug or alcohol tests, avoiding certain locations or persons, and restricted travel. 

Penalties for Violation of Probation


Violating probation is serious, especially with a felony charge. With felony probation, any original sentencing of prison time could be enforced. However, even violating misdemeanor probation could result in a few months in jail. Other penalties for probation violations include an extension of the probation period; payment of additional fines and court costs; and new terms being added.

If you need help preparing documents for Early Termination of Probation, contact us at the Florida Association of Legal Document Preparers - 800-515-0496

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