Motion to Modify Probation

orlando court dateSome individuals retain attorneys specifically to file what is sometimes called a “motion to modify probation.” One of the most frequently-used reasons for motions to modify is when it comes time for a client to register with the Department of Corrections. At this time, they must either maintain stable employment or go to school. Most clients keep a steady job, but the Department of Corrections will call an employer to verify employment and schedule details. Many probationers claim that when their work supervisors receive these calls and learn about the probation order, they lose their jobs.

This is a genuine threat, and criminal attorneys in Orlando understand this struggle; however, many judges in Central Florida allow verification of employment through pay stubs. You can file a motion to modify probation, and an attorney can tell your judge that you don’t want the Department of Corrections contacting your employer, but that you would prefer to verify your employment by submitting your pay stubs instead. By modifying the order, you have no worries of being fired or your boss finding out and passing unnecessary judgment.

Recent Motion to Modify Probation Case Result

An attorney at The Umansky Law Firm recently prepared a motion to modify probation for a client who had previously plead on one of the first court dates to 24 months of probation. After she first checked in with probation, they informed her that they were going to have to call her employer to verify her employment. She was very concerned about this because she knew that her particular employer would probably let her go if they found out about her crime. 

She came to The Umansky Law Firm and retained one of our finest criminal defense attorneys, so she was able to file a motion and explain to the court why this was so important. In this particular case, our attorney had to have a hearing on it, so she went in front of the court and explained what the situation was. The other side said they objected and that her employer should be able to know about this. However, the judge believed the client’s side of the story, and because of our attorney’s advocacy for the client, he granted the motion. Therefore, from here on out for the remainder of the 24 months, the client was able to verify that she is working full-time through pay stubs and the Department of Corrections didn’t have to contact her employer.

Why File a Motion to Modify Probation?

Those sentenced to court-ordered probation in Orlando may have special conditions or standard requirements placed on them. Over time, these attached stipulations could become no longer relevant or necessary, which in turn might necessitate filing a motion to modify. In addition to this typical cause for relief, other situations may warrant a modification such as:

Modification of Only Part of the Order

Maybe your probationary requirements include a stipulation that you cannot work areas that have illicit drug trafficking issues, but your job technically violates that part of your order. This may need to have a modification made to justify that instance within the terms of your sentence so you can continue to work.

Curfew Modification

When a court places a curfew on a defendant, this could interfere with the probationer making it home from work in time to meet the time requirement and not violate the terms of probation. A modification would solve this issue by simply adjusting the time to accommodate travel time home at the end of a work shift.

Early Termination of Probation

One can request early termination by filing a motion to modify probation with the court and have ideally met the below conditions before ever applying:

  • Paid all associated costs and fines
  • Followed the terms of the probation order to the letter
  • Completed at least half the time sentenced
  • Had no other incidents with law enforcement

Florida courts can modify probation as long as it doesn’t violate state sentencing guidelines and the defendant doesn’t pose a threat to the public. 

Trust an Experienced Orlando Defense Attorney

Individuals seeking to reduce their probation requirements by modification should consult with a criminal defense attorney with knowledge and practice in post-conviction relief and appeals. Your legal representative will assess your case and advise you what options are available to modify your probationary terms.

At The Umansky Law Firm, we use our experience as former prosecutors to help you develop solid arguments to enable you to get the modification you deserve. We understand how the state approaches probation modification cases and put our more than 100 years of experience to work for you. You will not only have your rights protected but will understand how the circumstances of your situation affect the possible outcome of your action. Contact us today at (407) 228-3838 to receive a free case evaluation and advice on the next best steps for your probation case.