Early Termination of Probation
Being able to serve your punishment for a criminal act through probation is a vote of confidence by the court in your ability to rehabilitate and become a productive member of society. This is a preferable punishment to the much less attractive alternative of going to jail. Considering probation is handed down to those who the state feels can function normally in society, there is also an opportunity to apply for an early termination of an individual’s probation if they have been successfully completing the requirement of probation for a certain period of time.
This process of terminating probation is common for those whose good behavior has been shown through their ability to stay in line while outside of a prison. If you are currently on probation and would like to see if you are eligible for early termination, it is important to first speak with a criminal defense attorney who can effectively guide you through the process.
Melbourne Early Termination of Probation Attorney
A qualified and capable attorney can help you prepare for the procedure while also putting you in the most favorable light possible, in order to give you a greater chance at receiving approval to reintegrate as a free member of society.
The attorneys at The Law Offices of Germain & McCarthy are well versed and experienced in working with clients who are seeking an early termination of their probation in Florida. This previous experience, along with a commitment to making certain your rights are protected, will ensure that you are taken care of and given every opportunity to argue your case and prove to the judge that you are ready to move on with your life.
To schedule a free consultation to speak with the legal team about the possibility of you being able to terminate your probation early, call (321) 253-3447 or send an online message today.
The attorneys at The Law Offices of Germain & McCarthy proudly represent individuals throughout Eastern and Central Florida, including the cities of Melbourne, Winter Park, Orlando, Vero Beach, Indian River Shores, Deltona, Maitland, Merritt Island and many others.
Florida Early Termination of Probation Information Center
- Eligibility for Early Termination of Probation
- Early Termination of Probation Process in Florida
- Brevard County Early Termination of Probation Legal Resources
If the probation is performed satisfactorily and the probationer has not been found in violation of any of the terms or conductions related to the supervision and has met all financial sanctions imposed by the court, then the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.
Although anyone can be eligible to file for an early termination of their probation, the judge is not required to grant the request. There are certain factors that will increase your chances of a judge agreeing to terminate your probation early.
According to Florida Statutes §984.04, these factors include:
- Serving at least half of your probationary period before filing a petition to terminate probation;
- Paying all required costs and fees associated with your probation; and
- Completing all other requirements of your probation including community service requirements or attending classes and substance abuse counseling.
A person who meets the above eligibility requirements and who would like to pursue an early probation release must file a Motion to Terminate Probation Early. This motion can also be filed by the attorney on behalf of the individual currently under probation. The Motion to Terminate Probation Early includes the probation’s name, case number, division in which the offense was sentenced, and an attached Proposed Order. If the request is granted, the judge will sign the attached order.
The Motion to Terminate Probation Early is filed with the Brevard County Clerk’s Office or the clerk’s office for the county in which the offense was sentenced. A copy is sent to the Florida state attorney’s office and the probation officer of the offender.
Probationers can forgo much of the paperwork if the decide to work with an experienced Florida probation attorney due to the many requirements of the often complex process. An attorney can ensure that the paperwork is accurate, filed properly, and served to the designated people. Additionally, the attorney will work towards obtaining a hearing and gaining a favorable recommendation from the probation officer.
Florida Department of Corrections – Office of Community Corrections – The Florida Department of Corrections (DC) is tasked with running the third largest prison system in the U.S. The Department of Corrections is dedicated to protecting public safety, providing rehabilitation for offenders, supervising probation, and assisting with the reentry of offenders into society. The Orlando Probation office is located at:Orlando Metro Probation Office
3201-C West Colonial Drive
Orlando, Florida 32808
Florida Department of Law Enforcement (FDLE) – The FDLE is a Florida governmental agency that promotes the public safety of citizens by preventing and investigating criminal offenses. This site offers information on various topics, such as FAQ’s, sexual offender databases, criminal history records, stolen property and career offenders.
Florida Statues – Probation and Community Control – Chapter 948 of the Florida Statutes defines probation and community control, describes possible terms of probation and provides possible penalties for violating the terms of probation.
The Law Offices of Germain & McCarthy | Brevard County Early Termination of Probation Lawyer
For those on probation, it only seems like you are a free citizen. The requirements a strict and you do not have the ability to make your own decisions. If you have been on probation and feel as though you are ready to terminate the process in order to become a productive member of society, then you can apply to do so. This is a complicated process, and you will be best served by working with a criminal defense attorney who can effectively navigate you through this legal procedure in a timely manner.
The attorneys at The Law Offices of Germain & McCarthy are prepared to begin working to get you off of probation and back to living your life. Call (321) 253-3447 or send an online message to discuss your probation eligibility with the legal team at The Law Offices of Germain & McCarthy in the form of a free and confidential consultation. The firm proudly represents individuals in Brevard County, Orange County, Volusia County, Seminole County, Indian River County and Osceola County.