Court to Admonish or Commend Probationer or Offender in Community Control
As Palm Beach and Broward County criminal defense attorneys, the lawyers at Leifert & Leifert know the ins and outs of defending a client against criminal charges. Often times, as part of a negotiated penalty for a crime or other offense committed in South Florida, a probationary period is instituted, during which the offender is placed under some type of supervision by local and/or state officials for a predetermined length of time.
The Florida State Statutes, in s. 948.04, describe the stipulations of probation as defined by Florida law:
948.04: (1) ”Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No defendant placed on probation pursuant to s. 948.012(1) is subject to the probation limitations of this subsection. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control.
(2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.
(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.”
The law also allows for a court to bring a probationer or offender into court to be either admonished or commended; additionally, the court has the authority to, when it believes that such an action will be in the best interest of both justice and the common good, discharge the probationer or offender from further supervision—in other words, as our Palm Beach and Broward County criminal defense attorneys well know, a probationer can be released early for a variety of reasons deemed sufficient by a court. The text of s. 948.05, the section of the Florida State Statutes that states this rule, is listed below.
As 948.05 reads, “a court may at any time cause a probationer or offender in community control to appear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer or offender in community control from further supervision.”
Qualifying for probation as a component of a penalty for a crime of offense committed in South Florida can mean many things for your future, depending on the length of the probationary period, the stipulations of the specific requirement, etc. Retaining a skilled legal team, like the Palm Beach and Broward County criminal defense attorneys at Leifert & Leifert, is vital to ensuring that you handle your case in the manner that is in your interests and that your case is resolved in the best way possible.
If you have been arrested for or charged with a crime in Palm Beach, Broward or Miami-Dade County, please call the Palm Beach and Broward County criminal defense attorneys at Leifert & Leifert for a free consultation by dialing 1-888-5-DEFEND (1-888-533-3363).