RE: Motion to Modify or Terminate Probation
Please find attached a sample format to be used in a Motion to Modify or Terminate Probation or Community Control. This matter is related to your criminal case, but we cannot represent you unless the Judge appoints us to do so.
You will need to complete the pleadings with all of the appropriate information in the spaces provided, including: your name, case number, and the trial division in which your case was heard. Where indicated, circle the parts that apply to you and fill in the blank spaces.
The Order should be completed with your name, case number, and division, but the signature line for the judge must remain blank.
The judge will sign the Order in court. In most divisions, you must contact the judicial assistant of the judge whose division handled your case and request a date for the motion to be heard. Once the judicial assistant provides a date for the hearing, complete the Notice of Hearing.
You must file the Motion, Order, and Notice of Hearing with the Clerk of the Circuit Court. You must then send a copy of the Motion and the Notice of Hearing to the Office of the State Attorney and your probation or community control officer.
It is important that you bring with you to court all verification of any special conditions of probation/community control that you have completed. Be sure to keep copies of all of the documents.
Please follow these instructions in order to properly prepare your motion for modification or termination of probation..
You will need to complete all of the attached forms as follows:
1. Please fill in your name, case number, and division on all of the attached documents (the Notice of Hearing, Motion, and Order).
2. Fill in the blanks in the Motion, Order and Notice of Hearing.
Words in bold and separated by a slash ( / ) signal a choice. You must circle one of the
options. For example, if your case was a felony case, it was heard in Circuit Court. Circle the word “CIRCUIT” in the heading of the MOTION, NOTICE OF HEARING AND ORDER.
3. Contact the judge’s judicial assistant in order to get a hearing date on your motion.
4. Once you have a hearing date, fill it in on the Notice of Hearing.
5. You must sign the Notice and Motion (do not sign the Order).
6. Once the documents are completed, you must:
A) File the ORIGINAL motion, order and notice with the Clerk’s office.
B) Send a COPY of the motion and notice to the State Attorney’s Office,
C) Send a COPY of the motion and notice to your probation/community control
7. When you come to court, bring the documents that verify the conditions you claim have been completed.
8. Be sure to keep copies of all documents for your records.
IN THE COUNTY / CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
CRIMINAL JUSTICE DIVISION
STATE OF FLORIDA
CASE NUMBER: ________________
DEFENDANT’S MOTION TO MODIFY/TERMINATE PROBATION/COMMUNITY CONTROL
COMES NOW the Defendant, PRO SE, and moves this Honorable Court to Modify /
Terminate His / Her 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.
3. During that period of supervision there were no / there were violation papers filed.
4. All conditions of the supervision have / have not been completed.
5. The probation/community control officer does / does not object to an early modification /
termination of supervision.
6. The probation/community control officer’s name is ._______________
WHEREFORE, Defendant respectfully requests this Honorable 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 furnished to
NAME OF STATE ATTORNEY
Office of the State Attorney,
CITY, Florida ZIP
this _____ day of _________ , 20___.
DEFENDANT, PRO SE
Probation/Community Control Officer