How to Request Early Termination of Probation or Community Control
If you have been placed on probation or community control, a judge may modify or terminate a term of probation or community control and discharge you at any time.
If you have been placed on probation or community control, a judge may modify or terminate a term of probation or community control and discharge you at any time. When satisfied that it will be in the best interests of justice and the welfare of society, a judge may discharge a probationer or offender on community control from further supervision. See 948.05, Florida Statutes.
What Is Modification of Probation or Community Control?
When a person is sentenced to probation or community control, the judge will order general and specific rules. Some general rules include not getting arrested and convicted of another offense while on probation. Some specific rules include no contact with a victim, restitution, and a limitation on travel. A judge may order someone on probation or community control to attend drug or alcohol treatment. A judge can modify or change most of the rules. For example, a judge can change travel restrictions and allow someone on probation or community control to travel outside the original boundaries for business, family, and recreation-related reasons.
What Is Early Termination of Probation or Community Control?
Probation is ordered for a specific number of months or years. A judge can sentence you to probation or community control for the maximum amount of years you could have been sentenced to prison for the offense. Because probation and community control are alternatives to prison, judges often sentence defendants to long probation and community control periods. A judge can modify or terminate a term of probation or community control previously ordered and discharge the defendant at any time if the judge is satisfied that the defendant’s conduct warrants the reduction. For example, a judge can reduce the years a defendant must be on probation or community control or grant early termination in cases where the defendant demonstrates changed circumstances, such as exceptionally good behavior.
What Are Some Good Reasons for Modification or Termination of Probation or Community Control?
The criteria for modification or early termination include:
- law-abiding behavior;
- compliance with the conditions of supervision, and
- a responsible, productive lifestyle.
What Is Law-Abiding Behavior?
A defendant must comply with all rules, regulations, and laws to be eligible for a modification or early termination. For example, a defendant should not get caught with a bag of weed or an open container of beer in the car. A defendant should not get arrested or convicted of anything while on probation or community control. You should obey all traffic laws and not drive while intoxicated. You may attend religious services and do volunteer work. Helping others is a sign of changed circumstances and exceptionally good behavior. A law-abiding defendant is more likely to be granted a modification or early termination than someone who is not.
What Is Compliance with Conditions of Supervision?
A defendant must comply with all conditions of probation and community control. For example, a defendant must complete drug treatment or other programs and report on time. A defendant must keep a full-time job, pay taxes, pay special assessments and fines, and comply with forfeiture orders. A defendant should not test positive for drugs while under supervision. A defendant who knows and follows the rules will have a better chance of modification or early termination.
What Is a Responsible, Productive Lifestyle?
Modification or early termination is justified when a defendant is a responsible, productive member of society. For example, reasons for modification or early termination include keeping a good job, paying taxes, getting married, having children, purchasing a home, and living a good, clean lifestyle. Good conduct and having a good relationship with your probation officer is very productive. After a judge receives a request for modification or termination, he will review the request and decide based on your case’s facts and circumstances. Law-abiding behavior, compliance with the terms of supervision, and a responsible, productive lifestyle will all work in your favor.
Why Should I Contact a Criminal Defense Attorney?
If you have been placed on probation or community control and would like to have it modified or terminated early, it is important to speak with an experienced criminal defense lawyer.
Why Daniel J. Fernandez, P.A. is the Best Choice
The Law Office of Daniel J. Fernandez, P.A. can assist and guide you. Modification and early termination of probation and community control can be complex. The Law Office of Daniel J. Fernandez, P.A. may be able to help you find a solution. Call Tampa Criminal Defense Attorney Daniel J. Fernandez at (813) 229-5353 if you need legal assistance getting a modification or termination.
