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How to Have a Curfew Removed from Your Probation

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  • 01-31-2017, 08:03 AM
    lawfacts
    How to Have a Curfew Removed from Your Probation
    A defendant in Florida is on a three-year sentence of probation, and has a 6AM - 9PM curfew. She is helping to take care of her elderly father, and the curfew makes it difficult at times for her to provide care or to run errands on his behalf, let alone to deal with emergencies. Can the curfew be kept in place for the full three years? Is there a way to get it modified or removed?
  • 01-31-2017, 08:39 AM
    Mr. Knowitall
    Re: How to Have a Curfew Removed from Your Probation
    It is possible for the curfew to remain in effect for the full three years of probation.

    The woman should discuss her situation and needs with her probation officer. If her probation officer believes that she has a genuine need for an adjustment of her curfew to care for her father, the officer may be willing to adjust the curfew. If her probation officer is not willing to adjust the curfew, she can talk to a criminal defense lawyer about whether it would make sense to bring a motion before the sentencing court. The court can adjust its sentence, including the curfew.

    If she is relatively new to probation, the probation officer or court will likely be more receptive to modifying the curfew after a period of consistent compliance with probation, e.g. 12 - 18 months.
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