Legal Question in Criminal Law in Florida

I have been on probation one year of my two year sentence and I'm asking to be removed from 7-7 curfew. My probation officer signed my paperwork without dispute (I have complied with all terms of probation). I turned in the Pro Se Modification of Probation paperwork to the State Attorney today and wanted to know about how long it usually takes to be reviewed by the State and the Judge. I am pretty sure the State will grant it because my public defender talked to him a few months ago and he told her to let me know that he would consider it once I'm done with half of my probation term. According to my PO if the State and Judge approve it, I wont have to go to court. Apparently they sign it and inform all parties of the decision if it's approved? Is this true and how long does this process usually take, assuming I am approved? Are we talking days, weeks, months??

Asked on 5/08/13, 7:51 pm

1 Answer from Attorneys

Joseph Justice The Justice Law Firm

In my jurisdiction you need to appear before a judge for this so you have to submit the motion for modification to both the judge and the state and also request a court date. These are almost always granted unless probation has some objection. Here it would probably take a month. In your case it sounds like they have a less formal process so it may go quicker. If you do not hear within a reasonable period call the judges office an request a hearing date for the motion.

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Answered on 5/09/13, 6:13 am

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