How long does a motion for early termination of probation in florida

When you are found guilty of a crime, you are often sentenced to probation in addition to, or in lieu of, jail time. But did you know that in some instances, you may be able to get released from your probation in the State of Florida before you have reached the actual end of the term of supervision?

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How long does it take to get early termination of probation in Florida?
How do I terminate my probation early in Florida?
What is the fastest way to terminate probation?
What automatically terminates probation?

The legal term for the court pleading that may get you off your probationary early is a Motion for Early Termination of Probation, commonly known as a Motion for ET. Early release from probation is obviously what everyone on probation in Florida would like to see happen, but it isn’t granted to everyone. In fact, there are some conditions that must be met before the motion should be filed:

All restitution must have been paid
All community service must have been completed
Any counseling or class recommendations from the court must have been followed
All court costs and fees must have been paid
Typically, the original probation period should be at least 50% completed.

How Does Early Probation Release Work?

You May Be Able To Get Released Early – Early Termination of Probation

Even if you have early release written into your plea agreement, you should not assume that you will get it without first talking to a Miami Criminal Lawyer. Once the conditions have been met, the Department of Corrections may notify the court, or else you will have to notify them yourself.

If early termination was not agreed upon at your sentencing, the same stipulations are going to apply. However, there are additional factors to consider as well, and that’s why a criminal attorney in Miami is such an important asset. The things the court will consider may include, but are certainly not limited to:

The terms of the plea agreement or sentencing
The opinion of the judge who hears the early release Motion
The type of crime that you were convicted of (violent and sexual offenses are harder to get an early release for than writing bad checks for example)
The opinion of the probation officer as to whether you are a risk for reoffending if released from probation

If you want to try to get your probation supervision to end early, contact an experienced criminal defense law firm in Miami. A Miami Criminal Lawyer will be able to present the best case possible for you to be released from probation and will be able to file the proper paperwork, such as the Motion for Early Release mentioned earlier.

Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions, (305) 615-1285.

View more contact information here: Miami Criminal Lawyer.

Related Article: Miami Probation Violation Attorney. What is a probation violation?

(1) Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No defendant placed on probation pursuant to s. 948.012(1) is subject to the probation limitations of this subsection. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control.

(2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.

(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.

(4) Except as provided in subsection (5), for defendants sentenced to probation on or after October 1, 2019, the court, upon motion by the probationer or the probation officer, shall either early terminate the probationer’s supervision or convert the supervisory term to administrative probation if all of the following requirements are met:

(a) The probationer has completed at least half of the term of probation to which he or she was sentenced.

(b) The probationer has successfully completed all other conditions of probation.

(c) The court has not found the probationer in violation of probation pursuant to a filed affidavit of violation of probation at any point during the current supervisory term.

(d) The parties did not specifically exclude the possibility of early termination or conversion to administrative probation as part of a negotiated sentence.

(e) The probationer does not qualify as a violent felony offender of special concern under s. 948.06(8)(b).

(5) Upon making written findings that continued reporting probation is necessary to protect the community or the interests of justice, the court may decline to early terminate the probationary term or convert the term to administrative probation for a probationer who is otherwise eligible under subsection (4).

(6) Subsections (4) and (5) do not apply to an offender on community control. If an offender on community control is subsequently placed on probation, he or she must complete half of the probationary term to which he or she was sentenced, without receiving credit for time served on community control, before being eligible for mandatory early termination or conversion to administrative probation under this section.

How long does it take to get early termination of probation in Florida?

Early Termination of Probation in Florida Early Termination of Probation is a discretionary act of the court. Florida law allows a person who is on probation for a criminal offense, to petition for early termination of their probation after completion of half of the court imposed probationary term.

How do I terminate my probation early in Florida?

How to Terminate my Probation? To request early termination your criminal defense attorney will file a petition with the court asking to terminate your probation early. The court will then schedule a hearing on the matter. At the hearing, your attorney will present all relevant facts to the judge for consideration.

What is the fastest way to terminate probation?

To obtain early termination, you must request a hearing with the court and file a motion for modification of probation at least two days prior to the hearing. The prosecutor and court must both receive the motion. Your lawyer may talk to the prosecutor in advance to see if they oppose the motion.

What automatically terminates probation?

Termination of Probation. After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.