Blog

Ft. Lauderdale Criminal Defense Lawyer John M. Castellano shares a Early Termination of Probation Template

Posted by:

Many people, knowing that I’m a Ft. Lauderdale criminal defense lawyer, will write to me or call me with questions regarding their own #probation or their family member’s probation and the hope that they might be able to get off probation early — and yet they don’t have the money any longer to hire a lawyer to argue this request on their behalf. I’m hoping this might help everyone:
Below is a draft of a template of sorts for any of you out there who would like to have your probation terminated early (when you are half way through your period of probation or house arrest or any type of court supervision) but like any Motion — if you’re drafting it yourself, just list in a numerical fashion whatever truths or facts that apply, separating each by a semi-colon, starting this Legal Motion — or any Motion, for that matter, basically like this:
“The defendant, —, by and through undersigned counsel (**or if you don’t have a lawyer and you’re representing yourself, what they call “pro se,” state that you’re filing it “pro se”) … “and files this Motion for Early Termination of Probation, requesting an Order of this Honorable Court termination his/her probation, stating as grounds in support hereof:
1. (State the date the probationer was placed on court supervision, and the exact length or “term” of the involved probation, and for what “offense,” for example): “Defendant  — was placed on probation for two years for  xyz offense, on — day of — 2011);
2. State which “special conditions” (eg, restitution, anger management program, drug or alcohol treatment program, community service) and any other “costs of supervision” or “conditions” that applied, and the fact that all restitution amounts and all costa have been paid, and ALL general and special conditions of probation have been satisfied;
3. State the fact that the Defendant has performed in an exemplary fashion to date throughout the term of supervision
4. State the fact that the assigned prosecutor AND probation officer do NOT object to an early term (AFTER YOU HAVE ALREADY CALLED EACH AND CONFIRMED THIS FACT, assuming this is true, of course; and though their respective agreements are NOT required or necessary, the fact that they each agree to NOT oppose the Motion, is certainly VERY helpful; and:
5. Lastly, perhaps add here some wonderful things the probationer has going on in his/her (or YOUR!) life :)! eg, new job, college, community activities, special reasons why supervision is particularly challenging or adversely affecting additional opportunities etc; and then end the Motion this way:
Wherefore, based upon the foregoing, Defendant — and undersigned counsel respectfully request an Order of this Honorable Court granting his Morion for Early Termination of Probation.
I hereby certify that a copy of this Motion for Early Termination of Probation was hand delivered this — date of —-, 2014, to ASA —–
Respectfully submitted,
———————–
— address/ bar #
0


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

Add a Comment

You must be logged in to post a comment.