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Asked and Answered
Criminal

Early termination from house arrest to probation

(Port Richey Florida)

What do i need to do to qualify for early termination from my community control to roll over to my probation? Also how do i set up a hearing in front of Judge Andrews, if that's what I have to do. He's the judge who sentenced me and also gave me early termination option if I do what i am supposed to do while on my community control!!!! THANK YOU

Answer: Early Termination 

by: Staff, FALDP 

Some circuits have packets that you can purchase for the early termination of probation. The law is the same throughout the state, although there may be slight variations in procedure from one circuit to the next. It is a motion for early termination of probation. Motions are filed when a case is open and you are asking the court to do or not do something. Judges usually want to see that a probationer has completed at least 50% of the probation sentence before they'll grant an early termination. Here is the Florida Statute:


948.04 Period of probation; duty of probationer; early termination.

(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.


I received a refund check from the Florida DOC...

(Jacksonville)

I tried to ask this earlier but I am curious. I was sentenced to 12 months probation. ( I have served 9 months of the 12 )... I have never violated probation, I have paid all my fines and court costs, including all 12 months of my probation is paid in full as well. I reported on time and respected my PO officer. Never been in trouble before. So my question is, I recently received a refund check from the FDOC. I know I did not over pay....Question: Is it possible my PO recomended to the courts to terminate me early?


Answer: DOC refund 

In general, when probationers are granted early termination of probation, it is because the probationer requested it. I'm not an attorney, and I don't work for the DOC, but my guess is that your fines were miscalculated from the beginning. You may not want to "question a blessing" by asking the DOC why they refunded you. But that may be your only way to ever find out why it was sent.



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