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.

According to the Florida Department ofCorrections website - 

"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.

Friends don't let friends vote Trump.

I try my best to refrain from commenting on politics, but this time ... enough is enough. If I alienate you as a reader, so be it. I don't want to be like the German citizens who looked the other way during Adolf Hitler's rise to power. Of course, we all want America to be great, who doesn't? Trump's rhetoric is racist, damaging and divisive. Let alone that he is inciting violence. I came across the following as a comment online. I would give proper credit, but I don't know where I found it. Good information, here it is:

"On several occasions, Trump is recorded at his rallies exhorting his minions to commit acts of violence against those who disagree with him and offering to pay the legal expenses of anyone who acts on his "suggestions."

Nov 22, 2015: Video showed a gang of men kicking and punching a Black Lives Matter protester at a rally in Birmingham, Alabama. When asked about the Alabama incident, Trump blamed the victim. "Maybe he should have been roughed up because it was absolutely disgusting what he was doing."

Feb 1, 2016: Trump told his supporters, "There may be somebody with tomatoes in the audience. If you see somebody getting ready to throw a tomato, knock the #$%$ out of them, would you? Seriously. Okay? Just knock the hell -- I promise you, I will pay for the legal fees."

Feb. 22, 2016: Trump has even threatened to personally get in on the action. "I'd like to punch him in the face, I'll tell ya," he said of a protester.

Trump should be charged with a Federal offense, Solicitation to commit a crime of violence:

18 U.S. Code § 373 - Solicitation to commit a crime of violence

(a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years."

Some of Trump's Positions (from his campaign site):

Immigration Reform:

A nation without borders is not a nation. There must be a wall across the southern border. Make Mexico Pay For The Wall

Gun Control/ Second Amendment:

The Second Amendment to our Constitution is clear. The right of the people to keep and bear Arms shall not be infringed upon. Period.

My Comments:

Immigration Reform according to Trump:

Build a wall AND make Mexico pay for it? How exactly is that supposed to work? How can we make Mexico pay for a wall? Many of us would like to see the immigration laws enforced, I include myself in that, but at what cost? Do we want to completely alienate Mexico, which despite all their foibles, has always been a U.S. ally. Are we to believe the Mexicans come and take our jobs? Why not punish the employers who hire undocumented workers? Are we to believe that Mexicans over burden our welfare system? I doubt it, at minimum you need to prove who you are to collect any sort of welfare benefits. There are not really hand-outs to undocumented aliens, other than emergency medical care. Are we to be so lacking in humanity to deny that as well?

Gun Control/ Second Amendment according to Trump:

I don't really have a dog in that hunt. I see both sides. My problem with Trump's statement on his site, is that he MISSTATES the Second Amendment. That is not what the Second Amendment says. Period.

The Second Amendment:

 "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

Gun advocates, including Trump, tend to leave out the first clause of the Second Amendment, particularly the part about "A well regulated militia..." to drive home their point. When Trump misstates a constitutional amendment on his campaign site during a run for the republican nomination, he makes himself a complete liar to me. Remember, Hitler always advised to go for the big lie.

An article I came across that is a first hand impression of a Trump rally is here.

Proposed Changes to Child Time-Sharing Laws

Senate Bill 250 has passed in both houses and is awaiting Governor Scott's signature. This law change affects how the courts will decide child custody and time-sharing. According to the bill analysis, the significant changes and potential effect are:

"The bill creates a presumption that equal time-sharing is presumed to be in the best interest of a child. Assuming that placing a presumption in law simplifies time-sharing actions, parties to a time-sharing action may spend less on litigation costs."

And -

"The bill provides additional guidelines for the court to use in determining a time-sharing schedule of a minor child. Current law provides that the public policy of the state is for each minor to have frequent and continuing contact with both parents after the parents separate or divorce. Consistent with existing legislative intent, this bill creates a rebuttable presumption that approximately equal timesharing with a minor child by both parents is in the best interest of the child. A party may overcome the presumption by providing evidence based on factors that affect the welfare and interests of the child and the circumstance of the family.

Current law provides a list of factors for the court to consider in establishing or modifying a time-sharing schedule, based on the best interests of the child. In addition to the factors presently provided in law, this bill adds the following:

The amount of timesharing requested by each parent; and

• The frequency that a parent would likely leave the child in the care of a nonrelative on evenings and weekends when the other parent would be available and willing to provide care.
• The bill requires a court to support an order that provides for unequal timesharing with written findings of fact."

If the Governor approves this bill and signs it into law it is scheduled to be in effect on October 1, 2016. 

In my opinion, although the presumption that 50/50 times-haring is in the best interest of the child sounds like a good idea, it could have significant drawbacks. Parents would be required to overcome the presumption that 50/50 time-sharing is appropriate, and may pro se litigants are going to struggle to do that. Would they be required to have the other parent evaluated? Would this bill lead to additional litigation as the parties attempt to overcome the rebuttable presumption supporting 50/50 time-sharing? What do you think?  

National Women's History Month

In March we celebrate National Women's History Month. I do not identify as a feminist, but there are many women I admire. These are just a few on my list:

Eleanor Roosevelt

When President Franklin Roosevelt was stricken with polio in 1921, the first lady, Eleanor Roosevelt, took a more active interest in public issues in order to restore his links with the world of politics. Throughout her adult life she played a leading part in women's organizations and was active in encouraging youth movements, in promoting consumer welfare, in working for the civil rights of minorities, and in combating poor housing and unemployment. In 1933 she conducted the first press conference ever held by a U.S. president's wife, and in 1935 she began writing a daily column, "My Day," which was syndicated in many newspapers. She also conducted a radio program, and traveled around the country, lecturing, observing conditions, and furthering causes.

Mother Teresa - 1979 Nobel Peace Prize

Mother Teresa taught in India for 17 years before she experienced her 1946 "call within a call" to devote herself to caring for the sick and poor. Her order established a hospice; centers for the blind, aged, and disabled; and a leper colony. In 1979 she received the Nobel Peace Prize for her humanitarian work.

Justice Sonia Sotomayer

Sonia Sotomayor – the fearless federal trial court judge who saved Major League Baseball from a ruinous 1995 strike – entered the record book as the first Hispanic and the third woman to serve on the High Court. Sotomayor was born in the Bronx on June 25, 1954 to Juan Sotomayor and Celina Baez, both native Puerto Ricans. Her father worked in manual labor and her mother was a nurse. The family took residence in the Bronxdale Houses, one of the most coveted complexes in the city-owned housing projects. Sotomayor’s father passed away when she was nine. Following his death, Celina began working six-day weeks as a nurse to support the family. Sotomayor decided to become an attorney at the age of 10 upon watching an episode from the legal drama "Perry Mason."

Judge Sonia Sotomayor is the first Latina to sit on the United States Supreme Court. She was a judge of the United States Court of Appeals for the Second Circuit when President Barack Obama picked her to replace retired justice David Souter on the U.S. Supreme Court in 2009.

Malala Yousafzai - 2014 Nobel Peace Prize

Much of the world's population, especially in poor countries, is made up of children and young people. To achieve a peaceful world, it is crucial that the rights of children and young people be respected. Injustices perpetrated against children contribute to the spread of conflicts to future generations. Already at eleven years of age Malala Yousafzai fought for girls' right to education. After having suffered an attack on her life by Taliban gunmen in 2012, she has continued her struggle and become a leading advocate of girls' rights.

In her speech, "I am many" Ms Yousafzai said the award was not just for her: "It is for those forgotten children who want education. It is for those frightened children who want peace. It is for those voiceless children who want change.

"I am here to stand up for their rights, raise their voice. It is not time to pity them. It is time to take action so it becomes the last time that we see a child deprived of education."

Besides the famous women in history, each of has women in our personal histories whom we admire and celebrate. This month, please take note of the women in your history and present who have made your world a better place ... mothers, sisters, colleagues, teachers, and daughters.

In the United States, National Women’s History Month began in 1981. Congress petitioned President Reagan to proclaim the week beginning March 7, 1982 as “Women’s History Week.” He did so, saying:

American women of every race, creed and ethnic background helped found and build our Nation in countless recorded and unrecorded ways … As leaders in public affairs, American women not only worked to secure their own rights of suffrage and equal opportunity but also were principal advocates in the abolitionist, temperance, mental health reform, industrial labor and social reform movements, as well as the modern civil rights movement.

Women’s History Week was recognized for the next five years until the National Women’s History Project lobbied Congress to designate the entire month of March as “National Women’s History Month.” Since President Reagan issued such a proclamation in 1987, March has been officially labeled as such. 

Investigation or Harassment?

When does protecting consumers become harassment? Even without any consumer complaint about any damage done the Florida Bar has the right to initiate an unauthorized practice of law investigation on their own; for the “potential” harm that could occur. Even though no one has complained of any harm, damages, error, or mistake caused or done by a document preparer, the Florida Bar can and does investigate document preparers on the slimmest excuse. Considering that there is no required consumer complainant, all document preparers are subject to being investigated at any time at the whim of the Bar.

The Florida Bar can and does initiate unauthorized practice of law complaints against document preparers for stating in their advertising things like:

• Using the word "legal" in their business name;
• Using the word "legal" on their website;
• Using the phrase "legal services" in their business name or website;
• Offering free consultations;
• Stating their years of prior experience as a paralegal;
• Referring to herself/ himself as a paralegal or legal asssistant;
• Stating their education, degrees earned;
• Stating that document services are a low cost alternative to the high cost of attorney fees;
• Using words such as "help", "assistance", and "solutions" to describe their services.

The Florida Constitution authorizes the Florida Supreme Court to regulate and govern the practice of law:

Florida Statute 454.021 Attorneys; admission to practice law; Supreme Court to govern and regulate.—

(2) The Supreme Court of Florida, being the highest court of said state, is the proper court to govern and regulate admissions of attorneys and counselors to practice law in said state.


The Florida Supreme Court has exclusive jurisdiction regulation of the Florida Bar, regulation of admissions to the Bar, and creating and amending the Florida Rules of Court, The Florida Supreme Court, in turn delegates the authority to investigate unauthorized practice of law to the Florida Bar. The Florida Bar, as an official arm of the court, is charged with the duty of considering, investigating, and seeking the prohibition of matters pertaining to the unlicensed practice of law and the prosecution of alleged offenders.

Florida Bar UPL Rules state:


10-2. DEFINITIONS RULE 10-2.1 GENERALLY

(a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and case law of the state of Florida.

10-5. COMPLAINT PROCESSING AND INITIAL INVESTIGATORY PROCEDURES RULE 10-5.1 COMPLAINT PROCESSING

(b) Review by Bar Counsel. Bar counsel shall review the complaint and determine whether the alleged conduct, if proven, would constitute a violation of the prohibition against engaging in the unlicensed practice of law. Bar counsel may conduct a preliminary, informal investigation to aid in this determination and, if necessary, may employ a Florida bar staff investigator to aid in the preliminary investigation. If bar counsel determines that the facts, if proven, would not constitute a violation, bar counsel may decline to pursue the complaint. A decision by bar counsel not to pursue a complaint shall not preclude further action or review under the Rules Regulating The Florida Bar. The complainant shall be notified of a decision not to pursue a complaint and shall be given the reasons therefor.