How Can I Terminate My Probation Early In Florida? Quick Answer - Chiangmaiplaces.net (2023)

FAQs

How do I file for early termination of probation 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.

That means, generally, you have to be on probation for at least half of your term before you are eligible for early termination (i.e., if you were sentenced to 24 months of probation you can apply for early termination after 12 months).

Yes. Florida law gives judges the authority to release defendants from probation early. (Generally, to be released from probation early you have to pay off your fines, complete at least half of your probation and complete all court ordered classes and treatment.)

According to a recent change in Florida law, a probationer can ask the judge to change the term of probation for an order that reduces probation to administrative probation from supervised probation or terminates probation entirely.

If you have been ordered to pay the cost of supervision in multiple cases or are unable to pay the cost of supervision you can file a request with the court to waive or reduce those fees. Contact your probation officer to determine what information you may need to provide regarding your income.

The short answer is no - not without Court permission. If you are on probation in Florida, you must obtain the permission of the Court before you travel.

The court considers the prejudice that being on probation is causing you. If the court decides that probation shall be terminated early, you are immediately released from probation and restored with all the rights and privileges you had prior to being placed on probation.

(1) Defendants found guilty of misdemeanors who are placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court. In relation to any offense other than a felony in which the use of alcohol is a significant factor, the period of probation may be up to 1 year.

If you have not had any violations and your fines, court costs, restitution and all other obligations have been completed you can apply to your probation officer at any time to terminate your probation. No longer will you have to wait for the halfway mark or as in the First Judicial Circuit, the two-thirds mark.

How much are probation fees in Florida? ›

Standard Probation Conditions

Paying a monthly fee of $50 plus any county court surcharge. Paying a fee of $1 per each month of probation up to $60 within the first 90 days of your probationary period.

If you are placed on probation, you must maintain a clean record and meet with a probation officer. You may be obligated to refrain from drinking or using drugs during your probation. The Florida Department of Corrections supervises individuals on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon application of either the probationer or the probation officer, revise or modify the conditions or period of probation.

(a) The Trial Court may modify or revise the Probation Order which shall become effective and final upon its promulgation and receipt thereof by the probationer, unless specified otherwise by said Order.

The short answer is: Yes.

What Happens if You Don't Pay Your Probation Fees? If you do not pay your cost of supervision and other probation-relation fees, you will be in arrears. If you have an arrearage, your probation officer may violate you. This probation violation may occur during the course of your probation or right at the end.

If the offense in your case was not a drug or alcohol-related offense, and you have no history of drug or alcohol abuse, you may be able to drink alcohol while on probation. You will, however, be expected to refrain from consuming alcohol “to excess”.

Under section 11 of the Probation of Offenders Act, probation is not considered a conviction. This means that the offence will not be on your criminal record, which will not affect your chances of employment or education.

An individual who was given probation instead of jail time who is convicted of probation violation during approved out-of-state travel may very likely face the extent of their jail time or at the very least the remainder of their sentence in jail.

You are allowed to drink alcohol while on probation. However, some individuals do have a specific condition of their probation that bans them from drinking alcohol. This is typically the case if the initial offense was alcohol-related, like driving under the influence.

Can you travel while on probation? ›

Criminal defendants who have been granted probation (the "probationer") may be allowed to travel. To do so, however, they need the approval of their probation officer. Typically, the probationer may only travel outside the state for emergencies.

The court considers the prejudice that being on probation is causing you. If the court decides that probation shall be terminated early, you are immediately released from probation and restored with all the rights and privileges you had prior to being placed on probation.

The short answer is: Yes.

Technical violations are those that occur when a probationer fails to complete one or more conditions of probation, such as abiding by curfew, meeting with a probation officer, getting a job, not buying firearms, or going to a substance abuse or domestic batterer's program.

Probationary period dismissal procedure:

Mention the employee's right to bring a colleague or trade union representative to the meeting. Provide evidence to support your concerns. Give them the chance to respond to the issues that you raise. Decide the outcome—to terminate their contract or extend their probation.

You can dismiss an employee during their probation for reasons such as poor performance, bad behaviour, or persistent lateness or absence from work, but bear in mind that there may be an underlying problem such as a disability.

LENGTH OF PROBATIONARY PERIOD MAY BE SHORTENED OR EXTENDED

Aside from informing the definite standards, the employer must also inform the employee of the length of the probationary period.

Even if it is the first time you have violated probation, you need to remember that a violation of probation is a resentencing and the court can impose any legal sentence, up to and including the statutory maximum.

(c) If such violation of probation or community control is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation or community control violation.

What happens at probation revocation hearing? ›

The Probation Revocation Hearing

A probation revocation hearing happens in court, without a jury. Both the defense and prosecution may present evidence to show the judge why the defendant should or should not be subjected to whatever penalty the judge originally ordered, but suspended.

If you fail a drug test, your probation may be reinstated and you may have to participate in a substance abuse treatment program. If you committed a new crime, your probation may be revoked and you may have to serve the original jail sentence that probation was helping you avoid.

If the offense in your case was not a drug or alcohol-related offense, and you have no history of drug or alcohol abuse, you may be able to drink alcohol while on probation. You will, however, be expected to refrain from consuming alcohol “to excess”.

If you committed a qualifying offense during your probation, then one time is all it takes for you to go to jail. However, if you are deemed a low-risk violation, you can violate terms up to three times before you start facing real jail time.

Although you can go to jail or prison for violating the terms of your probation, the violation of probation itself will not result in a new felony or misdemeanor charge. Probation is a punishment for a previous crime. So, unless you violated your probation by committing a new offense, you will not face new charges.

Substantive violations occur if you commit a new crime during the probation period. A substantive violation is something more than a breach of a probation condition that is a byproduct of the original offense. A substantive violation is a separate act that involves committing a separate criminal offense.