Criminal Defense
Since 1993
Since 1993
Florida’s “Mandatory” Early Termination of Probation Law: Do You Qualify?
By: John Guidry II
A wonderful and powerful law is now in effect in Florida that can require a judge to terminate your probation early. After decades of punishments getting worse and worse, this is a very exciting development that can help a lot of people get their freedom back sooner than expected.
However, you must meet a specific set of conditions to force the judge’s hand.
Think You Qualify for Mandatory ETP in Orlando? This law is not automatic. You must file a motion to secure your freedom. Call my office to get the legal work started. Call John Guidry: (407) 423-1117
The 4 Requirements for Mandatory Early Termination
Under Florida Statute 948.04(4), if you meet all of the following requirements, a judge must either terminate your probation or convert it to a less restrictive form.
- Complete At Least Half of Your Probation Term. This is the standard first step for any early termination request.
- Complete All Special Conditions. You must have paid all fines, costs, and restitution, and completed any required classes or community service hours.
- Maintain a Perfect Violation-Free Record. If you have violated your probation at any point and were reinstated, you are not eligible to use this specific statute. You must have a clean record for this term of probation.
- Ensure Your Plea Deal Did Not Waive ETP. Some plea agreements include a specific clause where you agree not to seek early termination. If you agreed to that, you cannot use this law to override your agreement.
Is It Truly “Mandatory”? The Important Catches
Even if you meet all four requirements, it’s important to understand a few key nuances.
- The Judge’s Alternative: The judge does not have to grant a full termination. They have another option: converting your case to unsupervised, non-reporting probation. While this is still a great outcome (no meetings, no fees), a complete termination is always the better goal.
- The “Good Cause” Exception: The law allows a judge to deny the motion if they find “good cause” to do so. This is a vague standard, but it means a prosecutor can still argue against your motion.
- It Is NOT Automatic. This is the most critical point. You cannot simply reach your halfway point and expect a letter in the mail from the court. The law is only triggered when you or your attorney files a formal Motion for Mandatory Early Termination of Probation.
This law is a powerful tool, but it’s useless unless you take action. You have to do the legal work—or hire an attorney to do it for you—to force the judge’s hand. If you believe you qualify and your case is in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s get the process started.egal work. This is what we do. And then, it will force the judge to do it based upon the new statute. Good luck, and take care.
If you’re interested in early termination of probation (and you’ve made it this far in the article, so I hope you’re still interested), check out my video “Florida Probation Hacks: 4 Insider Tips for Early Termination.”
About the Author, 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.