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My 1st test from probation officer was positive. she filed a technical violation notification

Orlando, FL |

judges instructions...no further action required, continue to supervise...am I no longer eligible for early termination?

Attorney Answers 4

Posted

Sounds like you may have Judge Gail Adams out at the jail. She is great. I don't know if she will be the VOP judge next year. You are still eligible for early termination. If she is your judge you will probably be okay. A different judge may be a different story. Good luck. www.BryceFetter.com

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Asker

Posted

Thank you for your advise Mr. Fetter...I made a mistake, I reside in Winter Park, therefor it will be Seminole County...Any more advice?

Bryce Aric Fetter

Bryce Aric Fetter

Posted

It will depend on your judge when you are at the halfway point of probation. Some of the judges are changing divisions in January. You still have a chance.

Asker

Posted

I am 1/2 thru my probation period...will this go before the judge automatically at this point?

Bryce Aric Fetter

Bryce Aric Fetter

Posted

It can but you or your attorney will have to file a motion and bring it to the courts attention.

Posted

The order of continued supervision does not preclude you from early termination per se, but given that the basis of the violation is a positive drug screen, it likely means you will not be eligible for early term in the immediate future. No judge will cut you loose if you continue to violate, so you just have to play by the rules if you want to get this behind you.

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Posted

Yes Maam. All other tests administered have been negative. Thank you for your advise.

Asker

Posted

I am 1/2 thru my probation...will early termination go before a judge automatically?

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

Not unless it was ordered that way. Meaning, your actual probation order would have to read something along the lines of, "...probation to terminate automatically at 6 months" or "6-month automatic early term." If not, it will require a Motion to Terminate.

Asker

Posted

my orders read as follows:probation may automatically terminate after 12 months when all special conditions have been completed...so will this require a motion to terminate?...sorry for so many questions...if it does, how does a motion to terminate happen? thank you again for your valuable time. It comes much appreciated.

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

Assuming you are on misdemeanor probation, I interpret that to mean no motion will be required. I would confirm this with your probation officer, though, just to be absolutely certain.

Posted

It's not that you are no longer eligible, but the more times and the more serious the violation, then the less likely you will get a judge to agree to early termination.

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Posted

You can always ask for early termination. Your chances of getting it however are greatly diminished. You should refrain from drug usage!

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Asker

Posted

thank you for your opinion...test showed positive because it was the initial one and it was not totally out of my system...have not smoked since the day of my sentencing (one year now) and will continue on that path.

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