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Early termination for probation?

Port Charlotte, FL |

First off, thank you for your knowledge to anyone who is able to answer these questions for me. Ill attempt to keep this brief. Basically I am on probation for 5 years for a couple felonies and a misdemeanor marijuana charge. I would like to join the air force, but they do not accept applications from someone who is on probation. What are my options? Is there a program where I can have probation terminated as long as I successfully enlist and if i dont, i pick up where i left off with probation? Or is my only option to request my probation to be terminated? Ive completed 8 months of probation with no problem what so ever and have done everything that was court ordered, only thing left is my monthly payments. I have also been enrolled in school for criminal justice seeking my degree in law.

Attorney Answers 4


  1. I am not sure if there is a program in any particular county that is a vehicle whereby the Judge can terminate your probation early. I have not seen one in a while. On the other hand if a Military recruiter is anxious to have you enlist, they can have a potentially positive impact upon a Judges decision to terminate your probation early. The common thought is that you should wait half way before filing such a motion; however, I think that it does not hurt to try even though it does truthfully sound like an uphill battle!

    Please be advised that answering your questions on AVVO does not establish an attorney-client relationship with myself or the Umansky Law Firm, P.A. Please also know that anything that you post on Avvo or on any public forum site is open to the public and therefore can be obtained by the Government to use against you at a trial or a hearing. Be careful what you post publicly online! Please know that most of the lawyers on AVVO are taking their time to answer questions for free, so please mark answers helpful if the lawyer helped you!


  2. You have all of the right ideas, for all the right reasons and I wish you luck.

    Unfortunately, the odds of having your probation early terminated (ET'd) before you have successfully served at least 50% are very slim (not impossible, but very slim). Further, it is entirely possible that the Air Force will not accept your enlistment even after your probationary period has ended. (In that regard you should inquire. The link is: https://www.airforce.com/contact-us/faq/eligibility/?m=2013easearch&pl=google&med=cpc ).

    In regard to your probation, please take a look at my Avvo Legal Guide on surviving probation / CC in Florida. It contains information on petitioning the court to modify probation.

    (See: http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it ).

    I hope that this has been helpful and wish you the best of luck!

    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.)


  3. Typically, you need to complete close to half of your probation to terminate early. However,, that is just a rule of thumb and not a Florida law so it is worth a shot. If your attorney can get your probation officer and the prosecutor on board, then your chances will increase greatly. Good luck!


  4. You can always petition the court to terminate your probation early. The worst thing that can happen is that the judge says no. You should probably have something in writing to confirm you can enter the armed forces so long as you are off probation (such as a letter from your recruiter) and proof that you are enrolled in school. Good luck!

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