Being on probation is preferable to being behind bars, but it still imposes serious limits on what a person can and cannot do. If you or a loved one is on probation, it is in your best interest to have it end as soon as possible.
Fortunately, a skilled and experienced Fort Lauderdale early termination of probation attorney can often persuade a court to allow early termination of probation – by presenting evidence of your rehabilitation and fitness to return to an unsupervised place in society. To learn more or discuss the steps an attorney can take for you, consult with a Ft. Lauderdale defense lawyer today.
Impact of Probation
Probation is typically the release of an offender from detention and an alternative to incarceration, subject to a period of good behavior under supervision. This is the time when you are expected to demonstrate good character and ability to stay on a lawful path.
But being on probation can complicate your life a great deal. Your conduct is usually monitored by a probation officer, with whom you must check in on a regular basis (at least once per month). Sometimes it involves limits on where you can go and who you can associate with.
For someone to get their probation terminated early, their Ft Lauderdale early termination of probation attorney must file a motion on their client’s behalf with the court. This motion will include specific reasons as to why an early discharge from probation would be in everyone’s best interest.
The matter is then put on the court’s docket for a hearing, and the issue is ultimately argued in front of a judge who will make a final determination.
Crucial Factors
The factors the judge will consider include:
- The amount of probation completed (most Judges will not consider early termination of probation until at least one half (fifty percent) of the probation has been completed.
- The offender’s record of good behavior while on probation.
- Evidence that the offender has made good progress toward rehabilitation.
- The seriousness of the crime.
- The offender’s criminal record/history or lack thereof.
- Whether the person seems likely to violate the law again.
Individuals who succeed in getting their probation ended early often are non-violent offenders who have followed the rules of their probation agreement without exception. Three things can happen at the hearing:
- The Judge may terminate probation immediately.
- The Judge may decide that more evidence is needed, and schedule another hearing for a later date.
- The Judge may deny the motion.
- The Judge may covert the probation to “administrative probation.” This is a form of probation which does not require in person supervision, substance abuse screening and has no restrictions on travel.
Even if the motion is granted, a court order must be issued by the relevant authorities. Until everything is finalized, it is important for you to continue to comply with the terms of your criminal probation and stay in contact your early termination lawyer in Ft. Lauderdale.
Paying the Debts
Part of the criteria specifically listed under Florida law is that the applicant must pay “all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution.”
Evidence that you have been successful in holding a steady job and/or made progress toward getting an educational degree can be useful in making the case for early termination. The best chance of winning on a motion for early termination of probation is when you have served at least half of the original term and have fulfilled all the conditions of the probation.
Talk to a Probation Termination Attorney in Broward County
Our Ft Lauderdale early termination of probation attorneys have experience winning early termination from probation for our clients. We know the kinds of arguments that will persuade a Judge that our client has learned from his or her mistakes and can be trusted with an unsupervised life.
If you would like to get out from under the burdens of probation once and for all, contact one of our experienced Broward County early termination of probation attorneys and get the advice you need as soon as possible.
