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
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.
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.
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