When you are found guilty of a crime, you are often sentenced to probation in addition to, or in lieu of, jail time. But did you know that in some instances, you may be able to get released from your probation in the State of Florida before you have reached the actual end of the term of supervision?
The legal term for the court pleading that may get you off your probationary early is a Motion for Early Termination of Probation, commonly known as a Motion for ET. Early release from probation is obviously what everyone on probation in Florida would like to see happen, but it isn’t granted to everyone. In fact, there are some conditions that must be met before the motion should be filed:
- All restitution must have been paid
- All community service must have been completed
- Any counseling or class recommendations from the court must have been followed
- All court costs and fees must have been paid
- Typically, the original probation period should be at least 50% completed.
How Does Early Probation Release Work?
Even if you have early release written into your plea agreement, you should not assume that you will get it without first talking to a Miami Criminal Lawyer. Once the conditions have been met, the Department of Corrections may notify the court, or else you will have to notify them yourself.
If early termination was not agreed upon at your sentencing, the same stipulations are going to apply. However, there are additional factors to consider as well, and that’s why a criminal attorney in Miami is such an important asset. The things the court will consider may include, but are certainly not limited to:
- The terms of the plea agreement or sentencing
- The opinion of the judge who hears the early release Motion
- The type of crime that you were convicted of (violent and sexual offenses are harder to get an early release for than writing bad checks for example)
- The opinion of the probation officer as to whether you are a risk for reoffending if released from probation
If you want to try to get your probation supervision to end early, contact an experienced criminal defense law firm in Miami. A Miami Criminal Lawyer will be able to present the best case possible for you to be released from probation and will be able to file the proper paperwork, such as the Motion for Early Release mentioned earlier.
We handle a variety of criminal law cases, so call us now if you have any questions, (305) 615-1285.
View more contact information here: Miami Criminal Lawyer.