PROBATION VIOLATION
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In Florida, a Violation of Probation occurs where a criminal defendant substantially and willfully violates the conditions of a probationary sentence. Common types of violations include: new offenses / law violations, positive drug tests, failures to complete drug treatment programs, failure to pay financial obligations, missed appointments or reports, failure to abide by special conditions. Once the probation is revoked, the court may impose any sentence that it might have originally imposed on the offender at sentencing. Therefore, the defendant may be sentenced up to but not in excess of the statutory maximum penalty for the original offense at issue.
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PROBATION TERMINATION
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As a practical matter, most judges will not grant early termination of probation until at least half of the probationary period has passed. The court is not required to grant the early termination, it is left completely to the judge's discretion. But, it is the right of the probationer to file a motion to request early termination; and it is the obligation of the court to consider the request. If a probationer has completed all conditions, paid all fines, has not re-offended and half of the probationary period has passed, it is a worthwhile effort to request early termination.
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PROBATION MODIFICATION
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In certain cases, even if you are not at the half way point of your term of probation, you can still request a modification of probation. You may want to modify your probation to eliminate a “no contact” provision, eliminate a “curfew” provision, or eliminate a provision that prevents you from leaving the county or state, or reduce cost of supervision. The terms of probation can be modified by the court in certain cases to address a medical issues, allow you to attend an out of state funeral, visit a sick relative, travel for business purposes or for any other good reason.
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