Early termination of felony drug offender probation

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Latest post 11-14-2012 5:23 PM by dr863. 9 replies.
  • 11-06-2012 1:50 PM

    • dr863
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    Early termination of felony drug offender probation

    Hi, I commited a felony in 2006 but was not arrested until 2010 for it due to my lack of knowing I had a warrant for the charge. I tried to fight the charge to no avail and eventually agreed to a plea bargain for 2 years probation. I failed my first drug screen due to a high amount of thc in my system that was consumed prior to taking the plea agreement and was violated for it but went ahead and plead guilty to the violation though I did state that it was from prior consumption. I was offered a new plea agreement to rescind my original probation order and start over fresh but on drug offender probation instead of regular probation which voided the time I had already served (which was only a few months). My drug offender probation started fresh in July of 2011. The state objected in court to early termination but the presiding Judge informed the state that if I completed my conditions and had no more violations and payed my costs & fees that he would indeed allow early termination for me. It is now November of 2012 and over half of my sentence has been served, I have had no new charges or violations,passed all drug screens,completed all special conditions and paid everything that I owed. My current probation officer has told me that she has no problem with early termination and will reccommend it for and has done so. I have written a letter to the judge thanking him for letting me serve probation as opposed to jail time and filed a motion for early termination pro se. Now it has been sent to the state attorney and as far as I know that is the only thing holding me up from being released. Does anyone know how long that can take or if anything I have written here would keep the state from pushing it through? Also, have I done anything wrong that would stop them from releasing me or if the state denied it would the Judge still sign off on it? Thank you very much for reading all of this and for any help & advice

  • 11-06-2012 1:57 PM In reply to

    Re: Early termination of felony drug offender probation

    An awfully long post given the ultimate question. 

    Not sure what you mean by "tried to fight" but evidently, you didn't bother to go to trial?

    "... and plead guilty to the violation though I did state that it was from prior consumption."

    Sorry, but the last part of this doesn't make a ton of sense; you may or may not want to clarify (in other words, what else could it have been attributable to but "consumption" before the moment when you took the drug test?).  :)

    The state's attorney is free to oppose you being released early from probation (and I presume one needs "good cause" to do so, and hopefully you've paid attention to that in your motion).

    You don't have to do anything else wrong (whatever that means) for the state to oppose releasing you.

    We cannot know what the judge will do or how long it might take from here, but it's not clear what the rush is or why you find the probation onerous/burdensome.

  • 11-06-2012 2:14 PM In reply to

    • DPH
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    Re: Early termination of felony drug offender probation

    dr863:
    The state objected in court to early termination but the presiding Judge informed the state that if I completed my conditions and had no more violations and payed my costs & fees that he would indeed allow early termination for me.

    So the state has been on record as opposing early termination and you're wondering if the judge would override that objection.  The only person that could possibly know the answer to that question is the judge.  You dont know if the state will deny your request, has already denied your request, or if they will take no action so your question could either be unwarranted or unnecessary at this time.  You might just need to let this play out for a bit longer or engage the services of an attorney for assistance.  Really doesn't sound like a DIY project.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 11-06-2012 2:56 PM In reply to

    • dr863
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    Re: Early termination of felony drug offender probation

    The consumption was thc and it was prior to accepting the plea bargain,i stated to the Judge it was in my system when i plead guilty. And yes I was prepared to go to trial until I found out just how incompetent of an attorney I had foolishly hired, he did pretty much nothing in regards of my case,i ended up firing him and getting a Public Defender who was excellent and made the probation deal happen when the attorney I paid 6 thousand too said he could get me 5 years probation. I wrote all the details to give informed background on the case in hopes of getting some advice that would apply instead of "nobody knows what'll happen". I want off of this probation because the burden is my family and I want to move out of state and this is preventing me from doing so which I stated in motion for early termination

     

  • 11-06-2012 3:08 PM In reply to

    • Kivi
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    Re: Early termination of felony drug offender probation

    We really cannot know what some unknown judge will think or decide..

    Presumably, the state has a chance to oppose your motion. Has the DA done so? If so, your case may be set for a hearing. If not, I would think that you have a pretty good chance of getting it granted.

    But, my opinion on this matter is worth about what you paid for it. An attorney who is familar with the judge in question probably could give you some better insight. This is one of those questions where local knowledge will trump anything you could read on the Internet.

  • 11-06-2012 3:13 PM In reply to

    • DPH
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    Re: Early termination of felony drug offender probation

    dr863:
    I want off of this probation because the burden is my family and I want to move out of state and this is preventing me from doing so which I stated in motion for early termination

    So do 99% of the people that are on probation.  Here's the bottom line, you can ask for early release, but they absolutely do NOT have to grant your request.  I kind of have to wonder what happens to your request if the state just refuses to take any action.  I do not know the answer to that question, but a local attorney either would or would know where to find it.

    dr863:
    I wrote all the details to give informed background on the case in hopes of getting some advice that would apply instead of "nobody knows what'll happen

    Sometimes that the only answer.  A lot of times it depends on the actual question asked.  Since no one here could possibly know what the stae is doing or will do and no way to know what the judge might do, the only answer is nobody really knows.

    dr863:
    I was prepared to go to trial until I found out just how incompetent of an attorney I had foolishly hired, he did pretty much nothing in regards of my case,i ended up firing him and getting a Public Defender
      

    Lawyers are not magicians with magical fairy dust to spread around to make charges disappear.  If you didn't like how he handled your case and you fired him, so be it.  If you then somehow managed to qualify for a PD after paying another attorney, good on you.  Your PD worked up a deal that appealed to you at the time.  Now you want out of the probabtion terms, but no guarantees that this will happen.  Sometimes "you pays your moneys and you takes your chances".

    Good luck.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 11-06-2012 3:13 PM In reply to

    Re: Early termination of felony drug offender probation

    It's unclear why you'd expect random strangers to know what would happen in a given unnamed court with a given unnamed judge, but the feedback given DOES apply and we'll overlook the (slightly, possibly misperceived) snippy tone in response.  :)  You'd need local insight to get a remotely accurate clue.

    I imagine there are creative ways to address checking in even if this is supervised probation, etc. from another state, and that you may ask the court for permission to move elsewhere (an attorney might have counseled you to make that an "or, in the alternative [option]" in your motion. 

    You may be worrying about nothing, but we can't know from here.

  • 11-07-2012 9:32 AM In reply to

    • DOCAR
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    Re: Early termination of felony drug offender probation

    If the state's attorney has not done anything, your next step is to set the case for a hearing.   Nothing in Florida happens on its own until one side or the other sets it for a hearing.

  • 11-14-2012 5:03 PM In reply to

    Re: Early termination of felony drug offender probation

    You ve already filed a pro se motion with the clerk correct?  If you have then you already have your court date.  From my experience as a former drug offender probation officer in Florida, if you have met all conditions and it has previously been ordered that you can early terminate by the court then you will be fine. 

  • 11-14-2012 5:23 PM In reply to

    • dr863
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    Re: Early termination of felony drug offender probation

    Thank you very much, I don't know why I appeared to have come off as having a snippy tone but didn't mean to. According to my probation officer i will not have to go back to court,the motion will just be approved or denied without my presence, she told me if it was approved before my next report date that I wasn't to show back up to report,it would just be over and from what I've heard that has been the way it's been done for others on probation here lately but I don't know for sure I only know I haven't heard anything yet and my next report date is tomorrow. She's been very helpful to me as long as I've had her for an officer. Hopefully I'll find out one way or another soon and thanks again for the replies

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