I would like to know if it is possible for me to get early termination of probation if I was sentenced to 10 years of probation and I have completed 3 1/2 years already. I live in south Carolina, but have probation in Miami. Since I started my probation I have obtained a college degree, stayed out of trouble, and maintained a high ranking job. Do I have good odds? And would I have to travel down to Miami if I file pro se?
In Miami it is most commonly expected for an individual to serve at least half of his probationary term and have completed ALL his conditions (including any and all financial obligations). That being said, certain mitigating factors may bode well for you to seek early term prior to the five-year mark. For example, if a very large restitution amount was paid before 5 yrs. However, other considerations should also be accounted for, including whether or not ET was pronounced at the time of your original sentencing. Bottom line, be weary of doing this on your own. It is an uphil battle and a qualified and reputable criminal defense attorney can be very good at getting these arrangements negotiated for behind the scenes (before you ever set foot before the judge). Use as a resource and expect to travel down from your state so the judge can look at you in the eye and determine whether you are worthy of the risk of getting off probation earlier than most. Good luck.
Daniel LengheaCriminal Defense AttorneyNorth Miami Beach, FLFL licensed ·
Early termination turns on many circumstances, including as mentioned by other attorneys yours, restitution, type of crime, victim/s. Just on a mathematical model I did 3 1/2 out of 10 and I live far it is hard to say.
As suggested , you should interview attorneys, research yourself, and make an informed decision.
I think that your education attained after, lack of other criminal activity, and a good job may afford you serious mitigating factors but it is hard to tell you what the outcome would be.
From a minimal perspective I think you should discuss with a lawyer and based on his/her assessment you should at least try.
Best of Luck...!!!
You must do at least half of the probationary period with no problems before you can even move for early termination. Wait the extra year and a half, and then file an appropriate motion and set a hearing. Of course it is always best to have an attorney on your side.
The answer to your question is dependent upon many factors whi I am not privy to. You should consult with an attorney who is familiar with your case for some answers.
