The Defendant served probation for a petit theft conviction. The Defendant completed all terms of the probation sentence, including payment of any fees or Court costs, and no longer needed supervision from the State.
Petit Theft Conviction in Florida
Petit theft in Florida can be charged either as a first or second-degree depending on the value of the property taken. Under both a first and second charge, the defendant will lose their driver’s license for six months with the first conviction. Every conviction after that will result in one year being added.
The defendant will also be responsible for repayment to the store of what was stolen under both first and second-degree charges. A first-degree charge will result in up to one year in jail, up to one year supervised probation, and up to a $1,000 fine. A second-degree charge will impose up to 60 days jail time, up to six months supervised probation and up to $500 in fines.
Motion for Early Termination of Probation
Anyone can file for a motion for early termination of probation. Under the advice of a lawyer, it is best to wait until all special conditions of probation have been met. Each courtroom is different and certain judges will allow early termination of probation if the prosecutor agrees. Others have rules in place that state that early termination should not be asked for until the halfway point or later.
A motion for early termination of probation can be filed to those individuals whose record states “no early termination”. Under Florida law, one is allowed to petition for early termination regardless of what the recommendation was.
A motion for early termination of probation in Florida is likely to be terminated for one of two reasons:
- The defendant has completed all special terms of his or her probation
- The offender has completed at least one half of the term of probation that was originally imposed
Special terms of probation include:
- Payment of all court costs and fines
- Community service hours have been completed
- Restitution was repaid
- Counseling or classes have been completed
A motion for early termination of probation can be filed with or without the assistance of an attorney. However, it is in the best interest to use an experienced attorney, as attorneys generally can file the motion in a much more timely manner. The speed of the motion will depend on the judge presiding over the case and the probation officer. Attorneys will contact the probation officer of the defendant, asking for recommendations that are favorable to the defendant. An attorney will often be able to sway a judge better than a defendant with reasons as to why the petition should be granted.
It is also important to realize that the court does not need to grant permission to have early termination of probation. The court will, however, be more likely to grant permission to those that are a first time offender for non-violent crimes.
RESULT: The Attorney filed a Motion for Early Termination of Probation. The Attorney moved forward with a hearing on the Motion before the Court. The Attorney successfully proved to the Judge that the Client no longer needed State supervision. The Court GRANTED the Request for Early Termination of Probation and TERMINATED the Client’s remaining probation.