Defendant s Pro se Motion to Modify or Terminate Probation or Community Control

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1 Law Offices of JULIANNE M. HOLT Public Defender Thirteenth Judicial Circuit of Florida 700 East Twiggs Street, Fifth Floor P.O. Box Tampa, Florida Revised 11/14/12 RE: Defendant s Pro se Motion to Modify or Terminate Probation or Community Control While a Motion to Modify or Terminate Probation is related to your criminal case, we cannot represent you unless the Judge appoints us to do so. Please find attached a sample Motion to Modify or Terminate Probation or Community Control that may help you file your own motion. You must contact your probation/community control officer immediately and inform them that you will be filing this motion with the court and that you will give the officer a copy in the near future. Before you submit this request to the Court, please verify that you have met the Court s required conditions. Example: many judges require that you complete at least one half of the probation period and that you have paid the $50 Public Defender Application Fee and defense fees assessed on the case(s) before you can request an early termination of probation. There are three (3) forms attached to this cover letter: (1) Defendant s Motion to Modify/Terminate Probation/Community Control; (2) Notice of Hearing; (3) Order Modifying/Terminating Probation/Community Control. INSTRUCTIONS FOR PREPARING AND FILING YOUR MOTION. 1. Contact your probation officer to let him/her know you will be filing this motion and find out if your probation officer has any objection to the motion. (Must be circled on #5 of your motion does/does not object to the modification/termination) 2. Call the judicial assistant in your assigned division for directions on how to get a court date and file the paperwork. Judges contact information is attached and is also available from the Administrative Office of the Courts website: 3. Fill out all of the attached forms correctly. In each document s heading, circle COUNTY (Misdemeanor) or CIRCUIT (Felony). Write in your name, case # and the Court s division. Fill in all of the blank or spaces. Words separated by a slash ( / ) mean you need to circle one of the words. Write the current date in the last paragraph of the Motion and Notice of Hearing. DO NOT fill in the court date or time on the Notice of Hearing until you have instructions from the judicial assistant. Judges have different procedures for setting these motions; be sure to follow the

2 procedure specified by the judge in the division. Sign on the line above DEFENDANT, PRO SE on the Motion and Notice of Hearing. Write your telephone number and address in the blanks below your signature. Write the name and telephone number for your probation officer. Do not write a date on the Order. DO NOT SIGN THE ORDER; the Court will sign the order after the hearing. Make sure you keep a copy of the complete packet for your records. When you go to court, be sure to bring copies of all documents related to your case, including all documented verification of completed conditions of your probation or community control.

3 WHO CAN ASSIST WITH FILLING OUT PRO SE PACKETS? HILLSBOROUGH COUNTY BAR LAWYER REFERRAL SERVICE: If the number is busy, or if you prefer , you can send an to and a LRS Representative will contact you as a way to expedite the referral. Please include the following in the Your first and last name A short explanation of your legal problem The geographic location where ideally your lawyer would be located Current phone number to reach you with the referral WHO WILL NEED TO GET A COPY OF THE COMPLETED PAPERWORK? 1 Clerk s Office: Felony Department - Courthouse Annex, 401 N. Pierce Street, Room nd floor (south-end of hallway) Misdemeanor Department E. Twiggs Street, 7 th Floor - Room 752, Tampa, Florida Your Judge 3 - Your Probation Officer 4 - State Attorney s Office*: 419 N. Pierce Street, Tampa, Florida (south side of Twiggs Street, across from our building); you can also leave paper work for the State Attorney in the has a drop box in the Clerk s Office - Felony Department.

4 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA vs. DEFENDANT, pro se CASE NUMBER: DIVISION: DEFENDANT S PRO SE MOTION TO MODIFY/TERMINATE PROBATION/COMMUNITY CONTROL COMES NOW the Defendant, pro se and moves this Court to Modify / Terminate Probation / Community Control, and in support of this motion states: 1. Defendant was placed on probation / community control on. 2. The period of supervision was for months / years. filed. 3. During that period of supervision there were no / there were violation papers 4. All conditions of the supervision have / have not been completed. Modify to: Reason for modification: 5. The probation/community control officer does / does not object to a modification / an early termination of supervision. 6. Contact information for the probation /community control officer in this case is: Name: Telephone: ( ) This officer was given a copy of this motion by the Defendant on. WHEREFORE, the Defendant respectfully requests this Court grant this motion and issue an order modifying / terminating the probation/community control in this case. I HEREBY CERTIFY that a true and correct copy of the foregoing motion has been

5 furnished to the Office of the State Attorney, 419 North Pierce Street, Tampa, Florida, this day of, 20. Respectfully submitted, Copies furnished to: Defendant, pro se Courtesy Copy to Judge DEFENDANT (Signature) Telephone: ( ) Address:

6 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA vs. DEFENDANT, pro se CASE NUMBER: DIVISION: NOTICE OF HEARING TO: MARK OBER OFFICE OF THE STATE ATTORNEY 419 N. PIERCE STREET TAMPA, FLORIDA YOU ARE HEREBY NOTIFIED that the motion listed below has been scheduled for hearing before Judge, in courtroom of the Hillsborough County Courthouse Annex, on the day of, 20 at : a.m. / p.m. or as soon thereafter as may be heard. DEFENDANT S PRO SE MOTION TO MODIFY / TERMINATE PROBATION / COMMUNITY CONTROL DATED at Tampa, Hillsborough County, Florida this day of, 20. Respectfully submitted, Copies furnished to: DEFENDANT (Signature) Defendant, pro se Telephone: ( ) Courtesy Copy to Judge Probation: Department of Corrections / Address: Community Control: Salvation Army

7 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA CASE NUMBER: _ vs. DEFENDANT, pro se DIVISION: ORDER MODIFYING/TERMINATING PROBATION/COMMUNITY CONTROL THIS CAUSE, having come before the Court on the Defendant s Motion to Modify / Terminate Probation / Community Control. The Court having received and reviewed the written recommendation from the Department of Corrections / Salvation Army, taken testimony and being otherwise fully advised in the premises therein, it is hereby: ORDERED AND ADJUDGED: That the Defendant s Motion to Modify / Terminate is hereby: Probation / Community Control GRANTED DENIED. DONE AND ORDERED at Tampa, Hillsborough County, Florida, this day of, 20. CIRCUIT/COUNTY COURT JUDGE Copies furnished to: Defendant, pro se Office of the State Attorney Probation: Department of Corrections / Community Control: Salvation Army