Can I Request Probation if I’m on Community Control?

September 28, 2020

If you’re on community control in Tavares, FL, probation often looks like a better deal—community control is much more restrictive. Sometimes the sentences are combined, such as having a period of community control followed by probation, assuming all the conditions of community control are met. They may also be imposed separately for different crimes, depending on the severity of the crime, the judge and any mitigating factors in each case.

However, these terms are not interchangeable. Read on to learn the difference between the two, and how you might be able to convert community control into a lighter probation sentence.

Community control vs. probation

Community control is like house arrest: the person is prevented from leaving their residence, except for work, school, medical appointments and essential errands. These out-of-the-house moments are timed and strictly monitored. For example, you might be allowed to go to the grocery store once per week on Sundays from 11 a.m. to 1 p.m. Then you’re expected to go directly home until the next time you’re allowed to leave your house. This is enforced by random correctional officer visits or GPS-enabled ankle monitors. If you go somewhere that’s not allowed, or aren’t home during an officer visit, that will be considered a violation of the community control terms.

Naturally, you’re not allowed to consume controlled substances or commit any crimes while on community control, lest you end up back in jail once again.

Community control is usually a sentence for severe crimes, repeat offenses and probation violations. The state of Florida limits this punishment to two years maximum, although probation can follow afterward.

Probation in Tavares, FL is a lesser sentence that’s often given to first-time offenders, or people who have been released from jail or community control. The person is not limited to their
home, unlike with community control, but they will have to report to their probation officer and follow all the terms of probation, including staying on the right side of the law and not consuming any controlled substances. Travel is usually restricted to a certain extent—you might be able to travel within the state, for example. However, you won’t be monitored by GPS, so it will be incumbent on you to follow the rules. Otherwise, you risk community control or returning to jail.

Converting community control into probation

If you’ve been following all the rules of your sentence, your attorney can petition the court to convert community control into probation. Individuals are usually eligible for this after completing half or more of their sentence.

The idea behind community control and probation is to give people a chance to prove themselves trustworthy, while also lessening the burden on prisons and jails. The better you cooperate with the terms of your sentence, the more likely a judge will be to look kindly upon your motion to convert.

If you’re on community control and want to petition for probation in Tavares, FL, contact K.J. Law P.A. today. We offer criminal defense services no matter what stage of the case you’re in.

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