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Why You Should Be Moving For Early Termination of Probation

Aggressive Trial Attorney With a Reputation for Success

If you are on probation in the State of Florida, you should consider moving for early termination of your probation at the halfway mark.

Unless you specifically gave up the opportunity to move for early termination when you took your plea, Florida law permits a Judge to consider terminating probation at any time upon a motion by the probationer or by the Department of Corrections.

In my experience, most Judges will consider terminating probation at the halfway point so long as there have been no violations, all conditions have been completed, and all outstanding fees and costs are paid.  This includes the payment of restitution in full.

Sometimes, if you are on probation for a particularly serious offense, such as manslaughter or murder or a sex offense, the Judge will deny a Motion to Terminate Probation.  If you are on MDSO Probation - or Mentally-Disordered Sexual Offender Probation - you will have to have completed the MDSO program before you move to terminate.  Even then, you will need to make sure your plea agreement did not expressly forbid moving for early termination.

DUI probation and Domestic Violence probation, with the condition of a 26-week anger management program, may be difficult to terminate early due to the vast requirements and expenses.  

However, if you are on probation for a felony or misdemeanor and you have satisfied all conditions, have no violations, and are not prevented by the terms of your plea agreement from seeking early termination, you should certainly take the initiative and try to get off probation early.

Eric Matheny is a criminal defense attorney serving Miami-Dade, Broward, and Palm Beach.  Attorney Matheny may also take criminal matters in Monroe County (Florida Keys), Collier (Naples), Martin County (Stuart), and other South Florida locales.