Criminal Defense
Since 1993
Since 1993
Mandatory Early Termination of Probation
Yes. I new and wonderful law is in effect. It requires a judge to early terminate your probation under special conditions. Here are those conditions.
And, this is a wonderful, wonderful new law, we’re very excited about it. There are a lot of people on probation in Florida and this is going to help a lot of people. Here’s the requirements of the statute:
First, you have got to complete half of your probationary term. I think you probably already knew that.
Second, you have got to complete all of the conditions of your probation. That’s pretty obvious as well.
Third, you cannot have a violation of this probation. If you violated it, and now you’re reinstated, this statute doesn’t apply and you can’t force the judge to early-term you under this statute.
And finally, they’re going to look at your original plea agreement. If you pled to this case and promised that you would not ask for early termination, if it was part of the agreement that you have no early termination, then obviously, you cannot ask under this statute later. You’re disqualified.
If you meet all of these requirements you can, under 948.04(4), you can force the judge to early term your probation.
Technically, the judge has one other option. The judge does not have to early-term you, the judge can put you on non-reporting, unsupervised probation. I mean, that’s basically not being on probation. You’re not paying any money. It’s a good deal, but it would be better if you were straight terminated. So, I hope that’s what happens to you.
And, even though the statute calls it “mandatory” I want to tell you that the judge does have an out on this. The judge, for good cause (whatever that means) can deny your request.
Remember, this is not automatic. You cannot sit back at the halfway point, chill, and expect a letter in the mail saying you’re not on probation anymore.
You have to file the motion. Do the legal work, or get an attorney to do the legal work. This is what we do. And then, it will force the judge to do it based upon the new statute. Good luck, and take care.