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.
