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Does a victim have input on if the offender gets off probation early?

Orlando, FL |

Does the state consult with the victim before deciding whether to fight an offender's motion for early termination?

Attorney Answers 4

Posted

If you object and you were the victim of a crime, you should advise the prosecutor in writing and in person of your objections. Find out if there is an upcoming court date and appear to voice your objections.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

A victim has certain constitutional rights in Florida. The victim is entitled to give their input to a judge at sentencing. However, modification of probation is not per se sentencing. Probation has historically been an area which judges can exercise their discretion in modifying.

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Posted

Yes if there is a no contact provision to the probation.

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Posted

Generally, the State Attorney's Office will consult with victims before deciding what position to take on a Defendant's Motion for Early Termination of Probation. If you are a victim and they have not contacted you, you should feel free to call them and state your position. If you are a Defendant and you are concerned about the effect the victim's input will have on the Judge, please know that the Judge is not bound by the recommendation of the victim. The Judge has discretion to terminate probation early even if the victim objects.

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