Felony Probation Modification?

[D941]

What is the name of your state (only U.S. law)? Florida
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I'm going to post what was written in my original terms of probation when I started. This is from the court order signed by the judge. I'll post what was written in the modification order, next. I've completed everything and have done over half of the term. My Probation officer recommended me to setup an early termination hearing, so I did. The PO was supposed to be in court to tell the judge I have complied and need to be terminated. The PO was late to court! So instead of terminating, the judge modified it. Here is the original court order from when I first started probation (names censored):

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"REPRESENTED BY J** D******, ATTORNEY STATE REPRESENTED BY P***** B*** AS TO COUNTS I & II PLED NOLO CONTENDERE, ADJUDICATION WITHHELD PLACED ON PROBATION FOR 36 MONTHS - DO NOT POSSESS ANY FIREARMS FORFEIT FIREARMS - RECEIVE EVALUATION AND ENTER IN AND SUCCESSFULLY COMPLETE TREATMENT AS DEEMED APPROPRIATE LIMITED WAIVER OF CONFIDENTIAL INFORMATION SIGNED AND FILED WITH PROBATION SUBMIT TO RANDOM URINALYSIS - NO CONTACT WITH J*** F*******, M****** P******, & G***** M******** CONCURRENT EACH COUNT REPORT TO PROBATION WITHIN 24 HOURS SEE COST SHEET FOR MONETARY OBLIGATIONS THIRTY DAYS TO APPEAL - JUDGE S**** B******* FROM PLEA SHEET (date removed)"


Ok, now this is what is written on the modification paperwork from the termination/modification hearing:

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"Order on motion to modify probation

This cause, having come before the court on the termination/modification of probation filed by the defendant and the court:

It is hereby allowed in part, Ordered and Adjudged that the motion to modify probation:

IS GRANTED. 36 months will ONLY include to possession of firearms and no contact with J*** F*******, M****** P******, & G***** M********

DONE AND ORDERED .....city/county/state/judges signature, date, etc.


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So what do you take of this? What exactly was modified? Just the random urine tests? So do I no longer have to submit to those tests? Because other than that, I see no difference.....no modification. Also, would it help my chances of being totally terminated if I set a new hearing and bring my lawyer? I was alone for this last hearing. I have completed everything required, paid everything off ahead of time and have passed the halfway point of the 36 month term. No violations, no showing up to check in late, passed all urine tests, etc. Thank you in advance!

 

[BigMouthWino]

What is the name of your state (only U.S. law)? Florida
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I'm going to post what was written in my original terms of probation when I started. This is from the court order signed by the judge. I'll post what was written in the modification order, next. I've completed everything and have done over half of the term. My Probation officer recommended me to setup an early termination hearing, so I did. The PO was supposed to be in court to tell the judge I have complied and need to be terminated. The PO was late to court! So instead of terminating, the judge modified it. Here is the original court order from when I first started probation (names censored):

----------------------------------------------------------------------------------

"REPRESENTED BY J** D******, ATTORNEY STATE REPRESENTED BY P***** B*** AS TO COUNTS I & II PLED NOLO CONTENDERE, ADJUDICATION WITHHELD PLACED ON PROBATION FOR 36 MONTHS - DO NOT POSSESS ANY FIREARMS FORFEIT FIREARMS - RECEIVE EVALUATION AND ENTER IN AND SUCCESSFULLY COMPLETE TREATMENT AS DEEMED APPROPRIATE LIMITED WAIVER OF CONFIDENTIAL INFORMATION SIGNED AND FILED WITH PROBATION SUBMIT TO RANDOM URINALYSIS - NO CONTACT WITH J*** F*******, M****** P******, & G***** M******** CONCURRENT EACH COUNT REPORT TO PROBATION WITHIN 24 HOURS SEE COST SHEET FOR MONETARY OBLIGATIONS THIRTY DAYS TO APPEAL - JUDGE S**** B******* FROM PLEA SHEET (date removed)"


Ok, now this is what is written on the modification paperwork from the termination/modification hearing:

----------------------------------------------------------------------------

"Order on motion to modify probation

This cause, having come before the court on the termination/modification of probation filed by the defendant and the court:

It is hereby allowed in part, Ordered and Adjudged that the motion to modify probation:

IS GRANTED. 36 months will ONLY include to possession of firearms and no contact with J*** F*******, M****** P******, & G***** M********

DONE AND ORDERED .....city/county/state/judges signature, date, etc.


-----------------------------------------------------------------

So what do you take of this? What exactly was modified? Just the random urine tests? So do I no longer have to submit to those tests? Because other than that, I see no difference.....no modification. Also, would it help my chances of being totally terminated if I set a new hearing and bring my lawyer? I was alone for this last hearing. I have completed everything required, paid everything off ahead of time and have passed the halfway point of the 36 month term. No violations, no showing up to check in late, passed all urine tests, etc. Thank you in advance!

Sorry to be the bearer of bad news, but you are still on probation. You may not possess firearms nor have contact with any of the people listed in the order until the expiration of the term of probation.

As a side note even after the completion of your probationary period, as a convicted felon, you still will be unable to possess firearms; however, you will be able to have contact with the people listed in the no-contact order SHOULD they wish to have contact with you. If they DO NOT wish to have contact with you I would STRONGLY ADVISE YOU AGAINST having contact with them.

 

[quincy]

It appears that half-way through your probationary period, the court with their modification of the court order has eliminated the need for you to submit to the random urine testing. But calling your probation officer would be the smart thing to do to make sure the urine testing is no longer required and to make sure you understand exactly what is required of you now.

If your latest hearing was set up to determine if there could be an early dismissal, and the judge decided to modify the terms of the court order instead, I am not sure you can expect an early termination at this point. But, it probably wouldn't hurt to discuss the possibility of a new hearing with an attorney in your area for a personal review of the facts and to get his opinion on the matter.

Good luck.

 

[D941]

It appears that half-way through your probationary period, the court with their modification of the court order has eliminated the need for you to submit to the random urine testing. But calling your probation officer would be the smart thing to do to make sure the urine testing is no longer required and to make sure you understand exactly what is required of you now.

If your latest hearing was set up to determine if there could be an early dismissal, and the judge decided to modify the terms of the court order instead, I am not sure you can expect an early termination at this point. But, it probably wouldn't hurt to discuss the possibility of a new hearing with an attorney in your area for a personal review of the facts and to get his opinion on the matter.

Good luck.

It just seems strange the Judge would only drop the urine tests and nothing else, or am I wrong? I think I need to set a new hearing and bring my lawyer as well as make sure the probation officer shows up on time. With the lawyer putting together a more professional presentation and the PO not objecting to me being released, I may have a good chance at getting early term, wouldn't you think? I appreciate your help, thank you. I'll return at a later time and explain what happened in case others go through the same situation. Have a nice weekend.

 

[D941]

Sorry to be the bearer of bad news, but you are still on probation. You may not possess firearms nor have contact with any of the people listed in the order until the expiration of the term of probation.

As a side note even after the completion of your probationary period, as a convicted felon, you still will be unable to possess firearms; however, you will be able to have contact with the people listed in the no-contact order SHOULD they wish to have contact with you. If they DO NOT wish to have contact with you I would STRONGLY ADVISE YOU AGAINST having contact with them.

Not sure why my reply didn't show up but I did reply. But to make it short, I'm not a convicted felon unless I violate. Adjudication was withheld and I should be able to own firearms once I complete my term, correct? Thank you.

 

[quincy]

If your no contest plea was entered on a drug or alcohol felony then, yes, it would be unusual to have the urine tests stopped. If no drugs or alcohol were involved in the crime then, no, it is not necessarily unusual to have that part of your probation requirements dropped.

That said, you should STILL contact your probation officer to make sure the elimination of the urine testing was an intended modification to your order and not an oversight by the judge.

I think that consulting with an attorney about a new hearing on an early release would be a good idea, especially if your probation officer supports the early release. If the only reason your order was modified instead of terminated by the judge was that the probation officer failed to make it to the hearing on time, then you could have a decent shot at having your request for an early release granted.

If you are not convicted of the felony (and with satisfactory completion of the terms of probation and a dismissal and discharge of the charges, you would not have a conviction), the bar on purchasing or possessing firearms would be lifted.

It would be nice if you posted back with an update.

Good luck.


(as a note on your disappearing post - the "preview" function on this site does not work properly so if you previewed your post prior to posting it, the preview function probably ate it. . . . . .I have no idea why this happens)