Legal Question in Criminal Law in Florida

I have a curfew imposed on me from 10pm to 7am. originally it was 7pm to 7am for a year but i violated and it was modified for 6 months. After i served my 90 days in leon county and reported in orange my probation officer says theres no end date for the curfew and that without an end date its going to last my whole probation term of 3 years. Im a 20 year old college student with a full time job i would have never have signed the plea if that was the case, i have talked to the public defenders office in tallahassee and they are giving me the run around, please I need help.


Asked on 4/08/10, 1:03 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

If your circumstances have changed, ask to do a motion to modify that condition of probation. You should probably hire an attorney to assist in this to increase your chance of success on this. Unless your probation gives a date that the curfew ends, then your probation officer is correct and the only way to change that is by doing this motion. Good luck.

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Answered on 4/13/10, 1:09 pm
Edmund Burke Edmund B Burke, Attorney at Law

Craig's advice is excellent. I suggest that, before seeing a lawyer, you should develop a written statement, explaining (logically and with good reasoning) how the terms of the curfew adversely affect your ability to perform your job duties, and could lead perhaps to your losing your job. Do several drafts.

If the curfew terms don't adversely affect your job-- e.g. you report to work at 9.00 AM, get off at 5 PM, and have a twenty-minute commute -- you have a very difficult case. The curfew hours do not affect your job in that case. The Court is not interested in modifying your curfew so you can see your friends after work.

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Answered on 4/13/10, 2:23 pm


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