Palm Beach Florida Motion to Release on Earned Probation

State:
Multi-State
County:
Palm Beach
Control #:
US-00857
Format:
Word; 
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Description

This is a Motion to Release on Earned Probation. It is used when the Defendant has completed serving the time he/ she was sentenced to, and now asks to be released in order to begin his probationary period. This form is applicable in all states.
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FAQ

To be eligible to petition for early termination of probation, the probationer must have: Completed half of the court imposed probationary term. Successfully completed any special conditions of probation imposed by the court; such as community service, substance abuse treatment, and self-improvement classes.

Yes. Florida law gives judges the authority to release defendants from probation early. (Generally, to be released from probation early you have to pay off your fines, complete at least half of your probation and complete all court ordered classes and treatment.)

Standard Probation Conditions Paying a monthly fee of $50 plus any county court surcharge. Paying a fee of $1 per each month of probation up to $60 within the first 90 days of your probationary period. Obtaining consent of your probation officer if you wish to change residences or employment or travel out-of-state.

(3)(a) The court may require that the defendant make restitution under this section within a specified period or in specified installments. 3. Five years after the date of sentencing in any other case.

To be eligible to petition for early termination of probation, the probationer must have: Completed half of the court imposed probationary term. Successfully completed any special conditions of probation imposed by the court; such as community service, substance abuse treatment, and self-improvement classes.

If no hearing is required, the motion can be done within a week or less and if a hearing is required it will depend on the judge's schedule but will most likely be done within 1 week to 1 month.

Dismissing a Probation Violation in Florida This may happen in cases where there is a technical problem with an allegationsuch as when a report was not filed until after the case expired or when the probationer allegedly violated a condition that was not actually subject to probation.

What If I Complete Probation But Still Owe Restitution? People who owe restitution after probation face a civil judgment. If your probation ends and you still owe restitution the debt does not go away.

Under Florida Statutes Section 775.089, a court may require an offender to make restitution to his or her victim or victims due to (1) damage or loss caused directly or indirectly by the defendant's offense; and (2) damage or loss related to the defendant's criminal episode, unless it finds clear and compelling reasons

You cannot get rid of a restitution order in bankruptcy. And if you fail to pay the money you owe for restitution, you are effectively violating a condition of your probation or parole and can be sent to jail.

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Palm Beach Florida Motion to Release on Earned Probation