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Is the same judge thats puts a person on probation, the same judge that terminates it?

Pompano Beach, FL |
Filed under: Criminal defense

If the judge that puts a person on probation, says that they( the person on probation) can terminate early when all terms of their probation is complete, will it be that same judge that terminates the probation early or otherwise?

Attorney Answers 5

Posted

In most cases, but it depends on the county. Usually you will file the motion to terminate probation in the division you were in when you plead to the charge. If the judge has moved, the motion will be heard by the judge currently sitting in that division.

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Posted

In Broward County it would be the same judge that originally placed you on probation. Unless, as my colleague pointed out, the judge has been reassigned to another division. Good Luck

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Posted

Yes, in almost all cases, in most counties. However, as indicated, in the event that the judge has moved or vacated the bench for whatever reason, the judge currently sitting in that capacity would hear the matter.

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Posted

generall speaking, absent some intervening factor, yes.

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Posted

Probably, but it shouldn't matter to the probationer too much. As the other attorneys have stated, just file the motion and the clerk will set it with the appropriate judge. There are times when judges get re-assigned to different divisions or areas of practice (family, civil, etc.). That said, if you've been compliant with the terms of probation, you should be in good shape, no matter the judge. Good luck.

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