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Blog · October 13, 2015

Can my Community Control be Converted to Probation even though I have 2 Violations? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I was placed on Community Control on August 1 ,2014 and violated twice.  Am I eligible for conversion to probation?  My sentence was 2 yrs community control followed by 3 years probation, 1 year early termination still stands with the CC and no conditions were changed in lieu of the violations and 1.5 year early termination for probation once converted.
A:     Chosen as “Best Answer” by Asker on www.AVVO.com
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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2 lawyers agreed with this answer

Alison Anne Kerestes
Alison Anne Kerestes
Criminal Defense Attorney – Orlando, FL
Michael Alan Bernstein
Michael Alan Bernstein
Criminal Defense Attorney – Fort Lauderdale, FL

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Best Answer
chosen by asker
Answered . The issues of probation enforcement, modification, ET and transfer are all 100% discretionary with the Court – that is to say that the Judge is free to say either yes or no without fear of appellate action and it is entirely the Judge’s call. Good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc… all of these intangibles can (and will) effect the Judge’s attitude and ultimate decision.

Still, if there is an unwritten rule then it s this: ET / conversion will generally NOT be granted until at least 50% of the CC / probationary term has been successfully (without any allegations of violation) served AND all conditions having been completely satisfied. Again, this is not set in stone, but it is a generally reliable guideline.

Thus, the best way for you to hedge your bet and to accomplish your objective is for you to hire yourself a dialed-in criminal defense lawyer who can stitch together a comprehensive and persuasive packet of materials geared toward skewing the ruling in your favor. As with most things in criminal court, your odds are likely to exponentially increase with a skilled and experienced criminal defense lawyer at the helm.

My YouTube Webisode on Probation Modification in FL may be helpful to you and can be seen at the following link: https://youtu.be/E8Mu8mxC04w

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991.  With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.


Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client’s rights are respected and that his clients receive top-tier legal representation and counsel. 

Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 

​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!

At Michael A. Haber, PA “it’s all about reasonable doubt”!





THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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