DEFENDANT, by and through his undersigned attorney and pursuant to Section 948.05, Florida Statutes, hereby moves this Honorable Court for an Order permitting the early termination of Defendant’s probationary term. As grounds for this Motion, Defendant states as follows:

  1. On July 1, 2010, Defendant entered a plea of guilty to the charge of Felony Battery or Domestic Violence by Strangulation.
  2. Upon acceptance of the plea, this Court withheld adjudication and sentenced Defendant to a probationary term of three years under the supervision of the Department of Corrections.
  3. The general conditions of Defendant’s probation required Defendant to pay court costs and fees totaling approximately $1,000, to comply with monthly reporting obligations, to remain employed, to not leave his employment, residence, or county of residence without the consent of his probation officer, to avoid intoxicants to excess, to avoid association with drugs or persons associated with criminal activity, and to live without violating the law.
  4. The special conditions of Defendant’s probation included enrollment in and successful completion of a Batterer’s Intervention Program, submission to a mental health evaluation and a follow-through with all recommended treatment, submission to a drug/alcohol evaluation and follow-through with any treatment programs as directed by the Probation Officer, submission to random urinalyses, and to have no contact with the Victim.
  5. The Order of Probation entered in the above captioned case provided that the “[C]ourt may at any time rescind, modify any of the conditions of [Defendant’s] probation, or may extend the period of probation as authorized by law, or may discharge [Defendant] from further supervision” (emphasis added).
  6. Defendant has diligently complied with all terms and conditions of his probation.
  7. Upon information and belief, Defendant’s Probation Officer has no objection to early termination of Defendant’s probation.
  8. With the permission of Defendant’s Probation Officer, Defendant has relocated to Raleigh, North Carolina, and thus is not in proximity to the Victim.
  9. The rehabilitative functions of Defendant’s probationary term have been fulfilled.  Walker v. State, 461 So. 2d 229 (Fla. 1st DCA 1984); Loeb v. State, 387 So. 2d 433, 436 (Fla. 3d DCA 1980).
  10. Probation imposes a financial and personal hardship on Defendant, on Defendant’s family, and on Defendant’s employment and career prospects.
  11. Early termination of Defendant’s probation would serve the best interests of justice and the welfare of society.

WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order permitting the early termination of Defendant’s probationary term. Alternatively, Defendant respectfully requests that this Court enter an Order placing Defendant on non-reporting, or administrative probation, with leave to request full termination at a later date determined by the Court.