Miami Early Termination of Probation Attorney
Probation is a common sentence in criminal cases in Miami, Florida, allowing individuals to serve their sentence outside of jail or prison while still being supervised by the criminal justice system. However, the length of probation can be a burden for some individuals, as it can last for years and limit their freedom in numerous ways. Fortunately, Florida law allows for the early termination of probation for an offender under certain circumstances. An experienced Miami early termination of probation attorney can advise you whether you qualify and file a motion for early termination (“early term”) on your behalf if you do.
Eligibility for Early Termination of Probation in Miami
Florida Statute § 948.05 allows a judge to discharge you from supervision at any time if they deem it in the best interests of justice and society. It also allows the Department of Corrections to recommend early termination of probation to the court at any time before the scheduled termination date if you have:
- performed satisfactorily;
- have not been found in violation of any terms or conditions of supervision; and
- have met all financial sanctions imposed, including, but not limited to, fines, court costs, and restitution.
Generally speaking, to be eligible for early termination of probation in Miami, you must have completed at least half of your probation sentence, including any special conditions imposed. This means that if you were sentenced to five years of probation, you would have to complete at least two and a half years of probation before you would be eligible for early termination. Also, you must have paid all fines, fees, and restitution ordered by the court and completed all court-ordered classes, community service, or other programs. You can’t have outstanding warrants, new law violations, pending charges, or previous probation violations during your supervisory term, and your probation officer shouldn’t object to terminating your supervision early.
If you are a probationer who meets these eligibility requirements, you may be able to petition the court for early termination of probation with the help of an experienced criminal defense lawyer.
Mandatory Early Termination
If you were sentenced on or after October 1, 2019, upon motion by the probationer or the probation officer, the judge is required to either early terminate your supervision or convert your supervisory term to administrative probation if all of the following requirements of Florida Statute 948.04 are met:
- You have completed at least half of the term of your probation.
- You have successfully completed all other conditions of your probation.
- You have never been found to be in violation of probation.
- As part of your negotiated sentence, the parties didn’t exclude the possibility of early termination or conversion to administrative supervision
- You don’t qualify as a violent felony offender of special concern under Florida Statute 948.06(8)(b).
The court may refuse to terminate a probationary term early or convert it to administrative probation for a probationer who is otherwise eligible when it finds that continued reporting probation is necessary to protect the community or the interests of justice. Additionally, these early termination provisions don’t apply if you are on community control. If you are on community control and are subsequently placed on probation, you must complete half of your probationary term (without receiving credit for time served on community control) before you are eligible for mandatory early termination or conversion to administrative supervision.
Motion for Early Termination of Probation
To seek early termination of probation, you need to file a motion with the court. This motion must state why you are requesting early termination and provide evidence to support the request. A lawyer can help you prepare the motion and ensure all necessary information is included.
The court will then review the motion and determine whether to grant or deny the request. Unless you meet the requirements of mandatory early termination, the decision to grant or deny a motion for early termination of probation is entirely up to the judge, who will consider the individual’s criminal history, the nature of the offense, the individual’s behavior while on probation, and any other relevant factors.
The motion for early termination of probation should include the following:
A statement that you have completed at least half of your probation sentence. An explanation of why you are requesting early termination, such as the need to move out of state or to take advantage of a job opportunity. Evidence to support your request, like letters of recommendation, proof of employment or education, and other relevant documents. A statement that you have met all of the eligibility requirements for early termination of probation.
Benefits of Early Termination of Probation
If an offender is granted early termination of probation in Miami, they will be released from supervision, and their probation sentence will be terminated. This can have numerous benefits, including:
- No Risk of Probation Violation – Early term of probation ensures that you won’t face a probation violation charge in the future by ending the probation term before you can be accused of violating a probation condition.
- Increased Freedom – Early termination of probation allows you to regain your full freedom and move on with your life.
- Reduced Financial Burden – Probation can be expensive, with fees and fines adding up over time, but early termination of felony probation can save you money in the long run.
- Better Job Opportunities – A probation officer can also impose restrictions that could limit job opportunities for those under probation. Early termination of probation can help you obtain better job opportunities because you won’t be subject to probation restrictions.
- Improved Mental Health – Being released from probation can be a significant relief and improve your overall mental health.
Hiring a Miami Early Termination of Probation Lawyer
If you are currently on probation in Miami, Florida, and meet the eligibility requirements for early termination, it may be worth considering petitioning the court. Early termination of probation can have numerous benefits, including increased freedom, a reduced financial burden, and better job opportunities, and can help you move on with your life. An experienced Miami early termination of probation lawyer can properly prepare your motion and present it to the court. Our experienced criminal defense attorneys have a thorough understanding of probation law and can guide you through the legal process to ensure you get the best possible outcome for your case.
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