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If I have two v.o.p. and now on c.c. in a drug rehab program can I still get early termination?

Sarasota, FL |
Filed under: Criminal defense

My original charge was a felony(agg.assault w/weapon, no intent to kill). I was put on probation for 2 years and I violated it on a technical with failed drug test. then I was put on c.c. and I violated again with failed drug test. So they sentenced me to in house drug treatment with 2 years c.c. with a suspended sentence of 2 years Florida State Prison. this was my first time ever being in trouble with the law and it was because I was high and drunk. I don't have a history of violence, it was an isolated incidence.

Attorney Answers 1

Posted

Unless, the judge specifically stated that early termination was not available, there is no reason why you cannot set a hearing on a motion for early termination. Most jurisdictions require that you serve half of the period of probation before you can set the hearing; and many judges would rather convert community control to regular drug offender probation if the probationer has completed six months or more of community control. Understand, that the judge will consider both your past violations as well as your performance in the program. Your goal should be to not just "get by", but to excell through your first few months of community control. First try to "roll-over" community control to probation after six months, then seek early termination after completing another six months of probation.

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