Want to get off of your probation early? Okay...what conditions need to be in place so that you have the best chance of getting the judge to grant you your wish.
First and foremost, was early termination of probation expressly prohibited by your plea agreement? If you pleaded guilty or no contest and were placed on probation, did the terms of the plea specifically call for no early termination? If that's the case, then forget it.
If the State agreed to early termination, or - as is the case most of the time - they opted to leave it up to the judge, then you should proceed with your motion for early termination of probation only if you have completed at least half of your probationary term. The exception to this would be if early termination was permitted once you completed a certain condition, such as paying restitution in full.
So if early termination is permitted and you are halfway done with your term, ask yourself - have you had any violations? If you have had a violation, then early termination will most likely not be granted.
Also, have you completed all of the conditions of your probation, including your monetary conditions? If you have not completed conditions of probation it is almost a guarantee that the judge will deny your motion.
Getting off probation early is a huge relief. If you believe that you may be eligible to ask the court for early termination, contact me.
Eric Matheny assists clients who wish to file motions for early termination of probation in Miami-Dade, Broward, and Palm Beach.