“Entirely a Matter of Grace”: Why Early Termination of Probation is Up to the Judge (and How to Get It)

By: John Guidry

God and the Devil were walking down the street, and God picked up something out of a ditch. The Devil asked, “What’s that?” God said, “It’s the Truth.” The Devil said, “Give that to me and I’ll help organize it.”

I enjoy observing how different groups organize their truth. As a Christian (mostly), I confess that “Christianese” often confuses me.

• Example: What does “Gospel Centered” actually mean?
• Fun with Words: Card games like Cards Against Humanity capitalize on ambiguous phrases. (Explaining “glory hole” to the uninitiated is half the fun).

The Legal “Grace”: Our word for today is Grace. It rarely gets a mention in criminal court, but there is one exception: Early Termination of Probation.

• The Law: Florida Statute 948.05 states a judge may discharge a probationer “at any time.”
• The Precedent: In Ziegler v. State, the court ruled that this decision is “entirely a matter of grace.”

Have you finished half your probation and paid all your fines?

You might be eligible for freedom. Call John today at (407) 423-1117.

What Does “Matter of Grace” Mean?

First, it means you are never entitled to early termination.

• The Scenario: You paid all fines. You finished all classes. Your PO loves you.
• The Reality: The Judge can still say “No.” And you cannot appeal that “No” (usually).

“Unbridled Discretion” In Johnston v. State, the court held that trial courts have “unbridled discretion.”

• Translation: You better know the Judge.
• The “Halfway” Myth: Many judges will only consider it at the halfway point. There is no law requiring this; it is a legal fiction. A judge could end a 10-year sentence after 10 days if they wanted to.

Judge Quirks:

• The “Deal is a Deal” Judge: Judges like the late Richard Conrad would almost never grant early term on a plea deal because you agreed to the time.
• The “PO Permission” Judge: Some won’t rule until the PO puts their approval in writing.
• The “State Objection” Judge: Some fold immediately if the prosecutor objects.

When Can You Appeal? (Thanks, George)

Special thanks to attorney George Pavlidakey for pointing out the exceptions.

While “grace” is usually final, there are two scenarios where we can appeal a denial:

1. The “Crystal Ball” Ban (Arriaga v. State) A judge cannot ban early termination at sentencing.

• The Rule: If the Judge says, “I am sentencing you to 5 years and I will NEVER grant early termination,” that is illegal.
• The Reason: The statute requires the court to consider the “best interests of justice” based on facts that develop during probation. A blanket ban ignores future good behavior.

2. The “I Can’t Do It” Error (Enea v. State) If a Judge denies the motion because they think they legally can’t grant it, we can appeal.

• The Scenario: The Judge says, “I’d love to let you off, but the law says you must serve 50% first.”
• The Error: That is wrong. The law allows termination “at any time.” If the Judge fails to exercise discretion because they don’t know the law, the appeals court will fix it.

John’s 2026 Update: The Algorithm & The “Auto-Grant”

Note: In 2016, we relied on the Judge’s mood. In 2026, we rely on the Dashboard.

1. The Compliance Dashboard In 2026, judges use AI-driven Probation Dashboards.

• The “Green Light”: Before the hearing, the clerk runs your file. If you have 0 violations, $0 balance, and 50% time served, the system flags you as “Eligible.”
• The Strategy: If you don’t have the “Green Light,” many judges won’t even calendar the motion. We now spend more time fixing data errors in the dashboard than arguing in court.

2. “Automatic” Early Term Clauses Because of court backlogs, many 2026 plea deals now include “Automatic Early Termination upon Completion of Conditions.”

• The Benefit: This removes the “Grace” element. If the plea says “Automatic,” the Judge must sign the order once you finish your classes and pay your fines. We fight to get this language in every plea agreement.

3. The “Remote Reporting” Trap If you are on “Administrative” or “Remote” probation, be careful.

• The Risk: Sometimes, being on “easy” probation makes the Judge less likely to terminate early. “Why do you need off? You only check in on an app once a month.”
• The Argument: We argue that even “easy” probation carries the risk of a technical violation and hinders employment, so full termination is still necessary for true rehabilitation.

Know Your Judge

Because “Grace” is subjective, you need an attorney who knows which judges are benevolent and which ones are strict. If you are halfway through, let’s file the motion.

Call me at (407) 423-1117. Let’s ask for grace.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.