||Early Termination of Probation|
Tampa Probation Attorney
If you would like to speak with a Tampa Early Termination of Probation Attorney, for a case in Hillsborough, Pinellas, Polk, Pasco, Hernando or Manatee County (or in any surrounding county) then contact the Sammis Law Firm. We can speak with you on the phone or in the office to discuss filing a motion to terminate your probation early.
Although you can filed the motion for early termination without the assistance of an attorney, having an attorney handle all of the details of your case may result in a hearing being scheduled sooner. Additionally, you may not want to face the Judge alone without having an experienced attorney advocating all of the favorable facts that would justify the early termination of probation by your side.
Your attorney can also get written documentation from your probation officer (or even subpoena the probation officer if necessary) so that there is no question that you are in full compliance. Finally, certain witnesses or evidence may support your position, and having an attorney present that information may greatly increase your chances of the court granting your motion for early termination for any case through the greater Tampa Bay area, including Hillsborough County, Polk County, Pasco County, Manatee County, Sarasota County, or Hernando County, FL.
Am I eligible to have my probation terminated early?
Anyone can petition for a modification of probation or to terminate the probation early. However, to have the best chance of early termination you should normally wait until you have served at least one half of your probationary period, and completed all special conditions of your probation. At the half way point, you should then apply for early termination of your probation. Contact an attorney for more information about finding a strategy to have the best chance of winning your motion to terminate probation as soon as possible.
What about having house arrest or community control terminated early?
If you have served at least one half of the term for house arrest or community control, the court may be willing to roll the rest of the time onto the remainder of your probation.
What are special conditions of probation?
The special conditions of your probation were announced by the judge at the time you were sentenced. The terms are also written in the Order of Probation. Typical special conditions include: the payment of fines and court costs, successful completion of counseling or classes, and completion of community service hours.
What if I want to modify a special condition of probation?
In certain cases, even if you are not at the half way point of your term of probation, you can still request a modification of probation. You may want to modify your probation to eliminate a “no contact” provision, eliminate a “curfew” provision, or eliminate a provision that prevents you from leaving the county or state.
The terms of probation can be modified by the court in certain cases to address a medical issues, allow you to attend an out of state funeral, visit a sick relative, travel for business purposes or for any other good reason. You should contact an experienced Tampa Early Termination of Probation attorney to discuss your request to modify the special conditions of your probation.
Can I save money on “cost of supervision” fees if I terminate my probation early?
Yes. Once your probation is terminated, no additional monthly “cost of supervision” fees would be required. Even more importantly, once your probation is terminated, you can not be subject to an allegation that you violated probation.
What if the judge said “no early termination” when I entered the plea?
In certain cases, at the time the plea is entered, the Court will state on the record that “there will be no early termination of probation.” The Court usually adds this “no early termination of probation” provision because the prosecutor requested it. However, Florida Law allows you to petition for early termination regardless of whether this provision was announced by the court. Under Section 948.05, the person under probation can be brought before the court to be “discharged from further supervision” when justice requires the early termination of probation.
The appellate courts have even declared that the "no early termination of probation" pronouncement made at the time of sentencing does not change the requirement under Florida Law that the court must decide the petition based on the facts and circumstances of the case, and requirements of justice. See Arriaga v. State, 666 So.2d 949 (Fla. 4th DCA 1996). More recently, the Second District Court of Appeals ruled that the trial court may not impose a condition of probation indicating "no early termination of probation." Murphy v. State, 976 So.2d 1242 (Fla. 2d DCA 2008).
If the court in your case made such an announcement, it is particularly important to discuss your case with an attorney, so that your petition will have the greatest chance for success. The “no early termination” provision does not disqualify you from an early termination, but it will certainly cause the Court to look at your case more carefully. Additionally, such a provision (although invalid) may "remind" the prosecutor to object to your particular motion for early termination. It may even motivate the prosecutor to be prepared with an objection. Having an attorney advocate all of the favorable factors in your case may make all the difference.
Do I need an attorney to file the petition for early termination?
Although you can file the petition without an attorney, many people may be better off having an attorney file the petition. The attorney can often file the petition quicker, and schedule the hearing without any additional delay. The attorney can contact your probation officer to make sure that the probation officer will provide a favorable recommendation, or discuss with the probation officer ways to address any concerns that might cause an unfavorable recommendation. The attorney can stand beside you in court and outline for the court all of the reasons why the petition should be granted. The attorney may be able to minimize the risk that the court will simply say “No” to your request leaving you on probation for the remainder of the term.
If you would like to speak with a Tampa Early Termination of Probation Attorney, for a case in Tampa, Hillsborough, Clearwater, Pinellas, Bartow, Polk, New Port Richey or Dade City, Pasco, Brooksville, Hernando County, or Bradenton, Manatee County, Florida, then contact the Sammis Law Firm.
We can speak with you on the phone or in the office to discuss your petition to terminate your probation early. Don't face the Judge alone. Call us to discuss your case with an experienced Tampa Criminal Lawyer today by calling 813-250-0500.
Find out more general information about specific types of violation of probation cases including: