Early Termination of Probation
If you have been convicted of a crime in Florida and are currently serving probation, you may find that terminating the probation early is in your best interests. For those who are eligible, terminating probation can help them achieve freedom again. This can mean an end to supervision fees, mandatory classes or counseling, random drug testing, and movement restrictions. It can also mean an end to the fear of accidentaly violating the terms of probation and dealing with more unfortunate consequences as a result.Jacksonville Early Probation Termination Attorney
With over two decades of experience as a criminal defense lawyer in Jacksonville, Bill Roelke has represented men and women throughout Northeast Florida in administrative hearings. He understands the factors that the Department of Corrections and court look for in making their determinations. Additionally, his experience as a trial veteran provides him with the knowledge and proactive strategies that can be useful in such hearings.
If you or a loved one is currently serving probation and would like to terminate or modify the probation, contact Bill Roelke today. Roelke Law represents men and women throughout Jacksonville, Jacksonville Beach, St. Augustine Beach, Fernandina Beach, Green Cove Springs, and nearby areas in probation-related matters. Call (904) 354-0333 to discuss your specific situation with Bill Roelke and begin setting the foundation for a persuasive argument to have your probation terminated early or modified in Jacksonville or whichever jurisdiction you were sentenced in.
Florida Early Probation Termination Information Center
- Probation Requirements under Florida Statute § 948.04
- Eligibility for Early Termination of Probation in Florida
- Florida's Early Probation Termination Process
- Modifying the Terms of Your Florida Probation
- Florida Early Probation Termination Resources
Probation Requirements under Florida Statute § 948.04
People convicted of felony offenses may not serve more than 2 years of probation, unless otherwise ordered by the court or as a split sentence under § 948.012(1). Defendants who are placed under probation or community control for a violation of a sexual battery or child abuse related offense are subject to the maximum supervision levels, which continue through the full term of probation or community control.
All defendants must fulfill the terms and conditions of the probation. After probation has been terminated, the probationer is released from the probation and is not liable for the offense for which probation was allowed.
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. To increase the likelihood of a favorable determination by the court, the defendant should serve at least half of the probationary sentence.
A person who meets the above eligibility requirements and who wishes to pursue early probation release must file a Motion to Terminate Probation Early. This motion can also be filed by the attorney on behalf of the probationer. 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. The judge will sign the attached order if the request is granted.
The Motion to Terminate Probation Early is filed with the Duval County Clerk's Office or the clerk's office for the county in which the offence was sentenced. A copy is sent to the Florida state attorney's office and the probation officer of the offender.
Probationers may choose 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.
For people who have not served at least half of the probation sentence, or are not sure that early termination of probation will be granted, or do not agree with any terms and limitations of the probation, another option is to seek a modification. Among the most common terms of probation modified are:
- Intrastate or interstate travel restrictions (i.e. you need to travel to visit a sick relative or attend a funeral);
- Curfew restrictions;
- "No-contact" provisions";
- Address medical issues; or
- Travel for business purposes;
Florida Department of Corrections: Office of Community Corrections – The Florida Department of Corrections (DC) is responsible for running the 3rd largest prison system in the United States. The DC has over 100,000 inmates and 62 prisons statewide. 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 Jacksonville probation offices are located at:
Jacksonville Main (040)
592 Ellis Road, Suite 114
Jacksonville, Fl 32254
Jacksonville North (041)
10646 Haverford Road, Suite 5
Jacksonville, Florida 32218-6203
Jacksonville South (042)
4613 Phillips Highway, Suite 221
Jacksonville, Florida 32207-9502
Duval County Clerk: Felony Division FAQ – This webpage contains information on the most frequently asked questions related to the county's felony division. Some of these questions address there restitution and fine requirements of sentencing, which must be satisfied by the probationer.
Roelke Law, P.A. | Duval County Probation Modification Lawyer
Call (904) 354-0333 or send an online message to learn more about early probation termination in Duval County, Clay County, St. Johns County, or Nassau County. Bill Roelke can help determine your eligibility and guide you through the delicate steps of proving your fitness for early probation release. Since you have nothing to lose, but stand to regain a lot of the court terminates the probation or modifies the probation, it's in your best interests to learn more about your legal options. Contact Roelke Law today to learn more.