Friday, July 27, 2012


This Blog recently received a question from a father asking if his son's drug probation could be terminated early. Your favorite Clearwater Criminal Defense Attorney told him that in St. Petersburg, Largo and Tampa Bay, Florida a Judge will rarely, if ever, grant a motion to terminate probation until the Defendant has successfully completed at least have of the probationary period.
Father in Clearwater Florida asks criminal defense attorney Robert Hambrick  how son's probation can be terminated
Cezanne, Portrait Artist's Son, 1890
Once half of the probation period has been completed the Judge will ask the probation officer at a hearing if all of the terms and conditions of the probation have been met successfully, including any restitution for the victim, court costs, fines, court ordered classes, counseling and mowing the Judge's lawn. Being poor will no longer result in a violation, but the Court will not terminate a probation where money is owed under the conditions of the probation. 
Beyond the statutory Florida standard terms and conditions of probation the Judge at sentencing may have imposed other special conditions either required by Florida Statutes or imposed due to the facts and circumstances of the case; these requirements must also have been met.

If all of the conditions of the original probation have been met, the Judge will look to the following factors to determine whether to grant the motion:

  1. The nature of the underlying offense. Was the underlying offense a violent crime, a sexual crime or a crime that put others at risk
  2. Is the community in need of having the Defendant watched by a probation officer?
  3. Is the Defendant likely to commit another crime?
  4. Has the Defendant been punished sufficiently?
Once the probation has been terminated If you have a family member who needs help with probation issues  call a Clearwater Criminal Defense Lawyer.