Donald C. Barrett: When Are You Entitled to Modify the Terms of Your Probation?

Florida law entitles criminal offenders to modify probationary conditions in certain circumstances. Read on to learn more

If you have been placed on probation in Florida, you may be wondering about the possibility of challenging the continued application of probationary conditions, particularly if the probationary conditions at-issue are imposing an unreasonable hardship on your life. In certain circumstances, highly-restrictive probationary conditions can interfere with one of the goals of probation: successfully reintegrating a criminal offender into society.

Challenging the restrictive terms of your probation requires the assistance of a skilled criminal defense attorney who has successfully brought motions to modify probationary conditions. Consult with an experienced Key West criminal defense attorney as soon as possible for further guidance.

Probation is a privilege, not a right. Many criminal offenders who are placed on probation are therefore unwilling to challenge restrictive provisions, as they perceive the imposition of probation as a “blessing” in comparison to the prospect of incarceration. It’s important not to become stuck in this way of thinking, however. When a Florida court imposes probation, they may have a great deal of discretion in determining the terms of probation, but they are not given absolute decision-making power. As a criminal offender, you have the right to challenge certain unreasonable probationary conditions.

What happens once you have already been placed on probation? Consider the basics of probation, first, then the possibility of filing a modification motion to change the terms of your probation.

Reasonability Does Not Prohibit a Later Challenge

When a Florida court is determining the terms of your probation, all probationary conditions must be reasonable. Any probationary conditions that are not reasonable (given the circumstances) will be deemed invalid and unenforceable. Reasonability may change depending on the particular circumstances of the case. Generally speaking, however, a probationary condition will be deemed unreasonable if it is vague, arbitrary, or malicious in some way.

Once you have been placed on probation, it’s important to note that the reasonability determination made during sentencing is not — in and of itself — grounds to restrict you from challenging the conditions at a later date. You are well within your rights to request a modification of the probationary conditions, assuming that you meet the other requirements for filing the motion.

Motion to Modify the Terms of Probation

During your probationary term, you may challenge the terms/conditions of your probation by filing a motion to modify. With the aid of an experienced criminal defense attorney, you can put forth a convincing request for modification, but certain pre-requisite elements will have to be satisfied.

Undue Hardship

The probationary conditions that you wish to modify must impose an undue hardship on you. Probationary conditions that are merely “frustrating” or “annoying” do not qualify for modification — the condition must be oppressive in some manner and must interfere with your quality of life to such a degree as to represent a true hardship. For example, a probationary condition that imposes a 6PM curfew might be unduly restrictive on your ability to socialize with friends and family after work.

Material Change in Circumstances

There must be some material change in your circumstances since the initial imposition of probation. Without a material change, you cannot legitimately request a modification, as the court already made a decision on the “reasonability” of the probationary conditions at-issue.

Suppose that you are on probation, and you’ve just secured a nighttime job as a security guard at a building.Your probationary conditions impose an 8PM curfew, however. The probationary condition therefore conflicts with your ability to work at your new job, thus constituting a significant hardship. Your new employment constitutes a material change in the circumstances. As such, you would likely be entitled to challenge the probationary condition at-issue (the curfew) and seek a modification.