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drug court in polk co,fl


(florida)

If you have unpaid fines at graduation of Florida drug court, will you go to jail or not graduate?

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Drug Court - fines unpaid
by: Judy L.

Hi,
I looked all over the internet for your answer, but I still don't know for sure. I am assuming that successfully going through the Drug Court process is a condition of your probation; and that paying your fines is also a condition of your probation. If you were to be violated and incarcerated for nonpayment of fines, that would be called a "technical violation". If you have a good reason for not being able to pay your fines, and you can prove it, you may be able to get a time extension. Ask the judge. Your best bet, however, is to get your fines paid and get out of the system.

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early probation termination

by me
(ft.myers, florida)

Form to petition for early probation termination

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pro se Early term / received a modify hearing
by: nicole

I have complied with all of my conditions as well as paid all my fines. I did not get to complete GED but have been on bedrest throughout and after pregnancy. It is 3 months until my full term. I filed motion to term looked online and they've set a date to modify . Is this the same thing? Probation officer also wrote letter stating OK to term . Currently working on GED Due to medical complications And 2 babies . But I have completed Everything else...
I am just hoping when I go if a modify can still be a termination? Since I filed a motion to terminate?

Early Termination of Probation
by: Staff FALDP

Hi,
As far as we know there are no Supreme Court approved forms for early termination of program. Some circuits may have local forms available. The process is fairly simple. A Motion is filed with the clerk of the court and the State Attorney, and the Probation Officer are copied with that motion. Some judges want to have a hearing, other judges just sign a proposed order that you submit along with your motion. We can help. Please call 800-515-0496.

The Sixth Circuit provides information - here:

http://www.wearethehope.org

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early termination of community control

I just went to court to have my community control GPS removed early. The judge wrote modify probation on the paper I received. Does this mean I am still on house arrest? or does it roll over to regular probation. My probation officer said it has to say rollover and not modify.

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would i need to physically go to your office for help
by: KENNETH

I HAVE E-MAILED YOU REGARDING EARLY TERMINATION OF C.C DO I NEED TO SET UP AN APPT. WITH YOU BECAUSE I WOULD NEED TO GET IT PRE-APPROVED ON MY WEEKLY LOG.

Kenneth,
We have already sent you a response to your submitted contact form. No, there is no need for you come in to our office, many document preparation requests are handled via email.

FALDP Staff

Modify or Rollover
by: Judi

Hi,
I believe it depends on what you asked for in your motion to modify your probation. If you specifically asked that your monitor be removed, and the judge did not include any other information on your order, my guess is that your monitor needs to be removed. I don't know that "rollover" is a legal term. You might want to file a motion to request clarification from the judge; or even write a letter to the judge requesting clarification. Make sure you copy the letter to the Probation Officer and the State Attorney.


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How much does it cost to terminate probation?

Hi,
I would like to file for early termination of probation, but I'm not sure how to go about it. First I need to know how much it costs for the court filing fees. And I need to know about the procedure. Any help you can give me is appreciated. It doesn't say that I can be released from probation early in my order, but my public pretender told me that I could. Now, I can't get him to do anything. I asked my probation officer if she could do it for me, she said she wouldn't go against me, but she won't do it either. I just need to know what papers to fill out and who to send them to and how much it costs. Thanks.

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Early Termination of Probation
by: Lorna

Dear Anonymous,
First, it doesn't cost you anything to request to terminate your probation -- unless you need help preparing the Motion for Early Termination of Probation. Read the page on this site titled "Probation" under the blue heading "Criminal" on the navigation bar.

There are certain things you need to be aware of:
  • All your fines, costs, restitution, etc. should be paid in full.

  • You should not have re-offended.

  • You should have completed at least half of your probationary period.



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    Early termination of probation Pro se motion for drug trafficking

    by Angel
    (Sarasota, FL, US)

    My Probation Officer in Sarasota Fl advised me to obtain a pro se motion form from Polk County, Florida (the county in which I was convicted) to present to the Courts in Sarasota requesting consideration of early termination of probation conditions.

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    Early Termination of Probation
    by: Denise at www.docsinaboxfl.com

    Angel:

    If you have a probation officer in Sarasota, your case may very well have been transferred to the Sarasota County court system, and I assume that is why the probation officer is telling you to file in Sarasota. I can probably find out for you what and where you would need to file that.

    Several years ago, my son was arrested for trafficking and he was ordered into a program in Broward County because that was where he was arrested. Now, we lived in Palm Beach County, but he went to all of his hearings in Broward. Plus, he had to register in Palm Beach County, and he went to his check-ins in Palm Beach County, but the case remained in Broward. After a certain amount of time that he was drug free (had to do all those testings, etc.) and enough time had passed, we filed for early termination of probation pro se and it was granted.

    Let me know if I can help you.

    Denise Wells
    Docs In A Box, LLC
    We are here to help the pro se individual
    (561) 315-8390
    docsinabox@gmail.com

    We are not lawyers, but the staff at Docs In A Box have worked in the legal field for 40 years.

    If you don't reach us on the first call, please leave a message and we will return your call as quickly as possible.

    Early Termination of Probation
    by: FALDP Staff

    Dear Angel,
    We're not sure why your probation officer told you to file your motion in Sarasota when your conviction is in Polk County. Usually you file your motion in the county where you were convicted and sentenced. It could be that your entire case was transferred to Sarasota County. We have information on this site about Early Termination of Probation, on the page titled "Probation" under the Heading - Misc. Doc Preparation. Please contact us directly if you need help with the document preparation. 800-515-0496.

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    Case Law Example

    I am wondering where I may be able to find examples, in Orange County, that show where people on probation have been allowed to retain their firearms. There is an exemption ability in place and I need to see a few examples of it being exercised.

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    Gun Laws - Right to Bear Arms
    by: Lorna

    Dear Anonymous,
    We were not able to thoroughly research your question, however, we did locate the following on www.ehow.com:

    "Civil Rights Restoration

    Felons who have had their civil rights restored may also have their gun rights reinstated, according to Section Two of the 2009 Florida Statute governing gun possession by convicted felons. The Florida Rights Restoration Coalition, an organization that promotes rights for convicted felons, notes that Florida citizens who have served their entire sentences and successfully completed any restitution payments may apply to have their civil rights restored. According to the organization, felons who meet these criteria and have not had an automatic restoration of rights should complete an online or paper application and forward it to the state Executive Office of Clemency. If the office approves the request, the felon will regain the right to own---and, in some cases, carry---a firearm."

    This is the web address for the Florida Rights Restoration Coalition - http://www.restorerights.org/

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    Court Costs? - Probation

    by Steve
    (Palm Coast, Florida)

    When I go to court do I have to pay court costs? For instance I live in central Florida and have an upcoming hearing for early termination of my probation. Will I end up having to pay court costs for the hearing?

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    Court costs for early termination of probation.
    by: FALDP Staff

    Dear Steve,
    There shouldn't be any additional court costs, because what you'll be filing is a motion. There is an open case, since you are still on probation. You have likely already paid your court costs.

    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.

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    mediation - Probation

    by Ger
    (brevard florida)

    I went thru mediation in Pasco county. Since moved to Brevard county. Is Pasco mediation recognized in Brevard County or am I entitled to a mediation hearing before final divorce trial? The papers say Brevard requires mediation, but opposing counsel wants it waived. The last mediation was in Pasco about 18 months ago.

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    Let the judge decide
    by: Staff FALDP

    Ger,
    Mediation is generally valid between counties. And just because the opposing attorney wants to waive mediation in your current county of residence, doesn't make it so. Consider whether there are issues remaining to be mediated; and whether there was a mediation agreement already made. Apparently you want a second mediation and the other party does not. That's why I titled this - Let the judge decide. Most circuits require mediation in contested family law cases.

    Contact your pro se coordinator for guidance or referral to specific information - 321-633-7780

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    Pro Se Motion for Early Termination of Probation

    by Michael Richards
    (Fort Myers, FL, Lee)

    I am looking for a blank pdf that I can fill in the blanks and then e-file. I already have the efile account, but they only accept pdfs. I can edit them but I need the base form first.

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    Pro Se E-Filing
    by: Staff FALDP

    Michael,

    We don't have fillable pdfs for Motion for Early Termination of Probation. However there are some inexpensive (or free) programs to convert doc files to pdf. Try openoffice.org .

    Or call us if you need help - 800-515-0496.

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    Contempt

    by Angelina
    (Florida)

    My ex filed contempt for my nonpayment of 13g in property taxes for properties he took in settlement. Judge ordered me to make a $500 pmt by Sept 1 despite P & L showing $3.00 months end disposable income. Its almost the 1st and I don't have it. Can I file anything?
    We had many liabilities regarding my settlement and failed to return money and equipment so I filed a contempt motion against him for 28g to be heard sept 30.
    Judge said he would reevaluate my pmts then and realized I got unfair settlement - but I signed it.
    Had attorney for my hearing but no more money for the rest. She scheduled depo of ex prior my hearing. Can I continue this pro se?

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    Contempt
    by: Staff FALDP

    Angelina,
    It is not an ideal situation to go forward pro se, but it is your right. First, in general, you cannot be found in contempt of court for failure to pay a debt unless it is willful. If you do not have the ability to pay, then, technically, you're not in contempt. And I say, "technically" because people are found in contempt all the time even though they can't afford to pay.

    RULE 12.615 CIVIL CONTEMPT IN SUPPORT MATTERS

    (a) Applicability. This rule governs civil contempt proceedings in support matters related to family law cases. The use of civil contempt sanctions under this rule shall be limited to those used to compel compliance with a court order or to compensate a movant for losses sustained as a result of a contemnor's willful failure to comply with a court order. Contempt sanctions intended to punish an offender or to vindicate the authority of the court are criminal in nature and are governed by Florida Rules of Criminal Procedure 3.830 and 3.840.

    Also, as far as being relieved of the obligation to which you agreed ... you may be able to have the finding reversed. Possibly. Read this Florida Bar article:

    http://www.floridabar.org

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    appeal a vop

    by christina
    (haines city fl polk)

    i want to appeal a sentence on vop

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    How do I appeal a VOP? Is there a form to fill out?
    by: Anonymous

    Is there a form or something I can find online to print out to help guide me through appealing the court for a VOP? I was told I have 30 days to do this. I do not have an attorney nor can I afford one.

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    Battery Suit

    by James
    (Florida)

    Can I file a battery civil suit against a restaurant employee who tackled me on the porch of the establishment?

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    Battery
    by: FALDP Staff

    James,
    Your civil suit will likely be more compelling if there was also a criminal conviction for battery.

    According to www.nolo.com

    "A successful battery lawsuit requires that the defendant intended to commit the act that led to the offensive or harmful contact with the plaintiff. The defendant’s motive is not important, merely that he intentionally committed an act that was certain or substantially certain to create the contact -- although motive may effect damages."

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    criminal traffic

    by Apryl
    (Sanford Florida)

    If I were to represent myself or hire an attorney in regards to a traffic citation.

    I was stopped for driving on a suspended. The states offer was ten days in jail. I have two children and no family present to assist me. This is not an option. I would rather pay fines or do community service or weekend work. Can I make a counter offer? And how would I do this?

    Thank you for your time and consideration.

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    Appealing and or going back to criminal court for trial

    I pled guilty with an adjudication withhold to a Battery upon a spouse charge which when I went before the judge I told her I didn't feel right pleading guilty to a charge I didn't do. I was threatened and coerced to do so. I also saw a therapist at the same time and was diagnosed with PTSD and depression. I am a survivor of domestic violence and my husband is using the judicial system to take advantage in our divorce. Can I file a motion to change my plea?

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    You may have options
    by: Connie M. Schoenung

    You may file a motion to set aside your plea based on your circumstances. However, there are several questions that should be answered by you to meet the requirements of setting aside the plea. Additionally, were you assigned a public defender? Were you represented at the time you entered your plea or did you represent yourself?

    Connie M. Schoenung, CP
    Florida Legal Document Preparer
    2432 Old Pine Trail
    Fleming Island, FL 32003
    conniemarie23@gmail.com
    (904) 375-9311

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    How do I prepare a Motion for Early Termination of Probation?

    by Christine
    (Baltimore, Maryland)

    A form/format acceptable in Florida Judicial system

    My son is indigent and was visiting his father in Fl when he got into trouble.
    I am his mother and reside in Maryland. Maryland is where our son was born
    And has lived his entire life. He went to FL in early June 2015.
    Am I able to file this on his behalf?
    There are additional circumstances. I can inform you of, if needed. I have reviewed
    The requirements needed to have this motion granted and my son is a good
    candidate.

    Thank you for your time.

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    Probation
    by: Anonymous

    I'm on probation 30 months in Polk County and 5 years Hillsborough County. My Polk County probation is over in August. I still owe $980 in court costs, but I have never violated probation, have completed inpatient drug rehab, done my community hours, obtained employment, and met all requirements of my curfew etc. I have a 30 thousand restitution in Hillsborough County that I have been slowly paying off every month as I am required to. I did do community hours in lieu of my court costs when I first started probation but when we went to gather all my stuff the papers were not all there. I have had 4 different offices monitor my probation in the last three years so through the shuffle, they must have gotten lost. Then I did the hours again and the church I did them for is not on the approved list, so now I have two weeks to either pay the $1000 in court costs or do the 73 hours that were lost. If I don't come up with it in time, will I go to jail?

    Early Termination of Probation
    by: FALDP Staff

    Christine,

    As you have likely already discovered, early termination may be granted if the probationer has completed approximately half of his probationary sentence; paid all fines, court costs, restitution; completed all conditions; has not re-offended; and has not violated his probation. It is up to the judge's discretion whether early termination is granted. And some judges want a court hearing, and others don't, again it is up to the judge. As far as I know, if there is a hearing, telephonic appearance is not allowed. Look up this Florida Statute - 948.04 Period of probation; duty of probationer; early termination.— If you would like assistance with document preparation, please contact us through one of the forms on this site or call 800-515-0496.

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