Q: I am on felony probation with early termination after 1 year, I filed my early term papers. Do i have to request a hearing to? I am on felony probation with early term… Scroll down to read more!
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/i-am-on-felony-probation-with-early-termination-af-2408092.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
2) The written Court Order controls over whatever you were told or understood to be the case.
3)
As to interstate transfer of probation, the approval process is more complicated. Not only do you need your Judge’s permission but you also must meet the criteria for transfer pursuant to the interstate compact on adult offender probation. The interstate compact is an agreement that all 50 States subscribe to and which governs the transfer of probation from State to State. You can access their website at the following URL: http://www.interstatecompact.org/Thus, even if the FL Judge grants you permission to relocate the “target State” still has to accept your transfer of probation. If they do they you are golden but if they don’t then your request for transfer will be denied and you are stuck. In this event your options are as follows: 1) You can try to petition the target State (in your case __) for a waiver vis-a-vis a __ lawyer; 2) You can petition your FL Judge to early terminate (ET) your probation; 3) You can petition your FL Judge to convert you to “administrative” (i.e. “write-in” or “call-in” non-supervisory) probation; or 4) To stay in FL. You have no other options as I see it.
4)
As to costs: In order to incarcerate you for failure to pay the court must first hold a hearing and afford you due process, including a right to present evidence that your failure to make your Court Ordered payments was not willful – that is to say that you could not (not that you chose not to) make the payments. “Willfulness” requires some degree of choice. If you have money and choose to spend it on things other than your Court Ordered obligations then you can be punished; but if you truly do not, and if the State cannot prove that you made such a choice, then you also cannot be jailed for your non-unwillful fauilure to pay.
The Court has other alternatives to jailing you; namely it can choose to extend your probation (assuming that there remains statutorily permissible time for such an extension), convert your balance to either a criminal order (in the case of restitution) or community service hours (in the case of monies other than restitution) or s/he may be able to waive the costs / fees / fines and simply terminate your probation (successfully or unsuccessfully, as s/he sees fit). However, and again, if you truly could not pay then your violation should not be considered “willful”, and without that necessary component you cannot be violated and incarcerated.
If you know that you will not be able to make your payments then you will be best advised NOT to wait for your PO to violate you and instead you should consider causing the matter to be brought before Judge beforehand – thereby hopefully impressing your Judge by your preemptive demonstration of a respectable level of acceptance of responsibility.
5)
Please take a look at both my Blogpost and YouTube Webisode on Probation Modification in FL (links are attached below for your convenience) as they contain additional information on the subject which may prove helpful to you:I hope that I have been helpful to you.
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.
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Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
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