Criminal Defense
Since 1993
Since 1993
A Couple of Ways to Get Off Probation Early
Let’s plot and scheme for a second about how we’re going to get you off probation early. If you really want off probation early–you’ve got to plan early. That means, your attorney needs to bake this right into the cake. As part of your plea agreement, make sure the deal up front requires the prosecutor to early term once you’ve completed certain conditions.
This strategy is super effective on money cases, where restitution is owed. If you do this right you can get off probation before the halfway point. For example, I had a case where my client owed about $5,000, and he had the money at the time of the plea, but we got everyone to agree in the plea deal to terminate probation as soon as he paid the $5,000.
So after the plea, later that day, my client paid the $5,000 in restitution. A day or two later, his probation was terminated. Only two days on probation, everybody wins and, we never would have gotten that deal had my client paid the restitution up front, I’m sorry to say.
There are other ways to get off probation early without having an agreement up front. Recently, folks seeking to early term got some help from the Florida legislature. Florida Statute 948.04 created a mandatory early termination under certain conditions, of course.
This new law forces the judge to terminate probation at the halfway point if you’ve completed all the conditions, never violated, and you’re not on probation for a violent crime. This new law doesn’t make early termination happen automatically, you’ve got to file a motion.
And, what I’m about to say may sound a little self-serving, like a barber telling you you need a haircut, but the most important part here is that you hire an attorney. Not any attorney, make sure you hire a local attorney that knows the judge in your case. Don’t face the prosecutor and judge alone on this thing. After 27 years of filing early term motions, I’ve seen too many people get shot down trying to do it themselves.
Get a good local attorney, and things will work out for you. I’m John Guidry, and if you want to get out of your probation from either Orange, Seminole, or Osceola County, give me a call, let’s see if we can help you out. Thanks for watching, take care. John Guidry, Attorney at Law 320 N Magnolia Ave. Ste B1 Orlando, Florida 32801 407.423.1117 attorneyguidry@gmail.com