Early Termination of Probation
If you are on court ordered probation, and you have satisfied all of the conditions of that probation, then you may be eligible for early termination. In Texas, early termination of your probation can only be granted by a judge. Typically, whether or not early termination is granted is a decision that is left to the judge that originally placed you on probation. An attorney experienced in handling motions for early termination can help you determine whether or not you are eligible for early termination and how you may go about receiving it.
Am I eligible for early termination of my probation?
If you were placed on regular probation/community supervision, then you must complete one-third(1/3) of the original period of supervision or two (2) years, whichever is less, before you can be considered for early termination. If you were placed on deferred adjudication probation, then there is no minimum time period before you can become eligible to request early termination. The waiting periods are as follows:
- Regular probation - Lesser of 1/3 of supervision period or 2 years;
- Deferred adjudication - No waiting period.
Keep in mind that early termination of your probation is entirely within the discretion of the judge. The judge does not have to grant your request.Factors Considered by Judge for Early Termination
The judge may consider some of the following factors in determining whether or not to grant your request for early termination:
- Have you completed all conditions of your probation?
- Have you had any violations of your probation?
- Does the prosecuting attorney oppose your request for early release?
- Is your criminal offense one that is eligible for early release?
Please Note: DWI's, sexual offenses requiring sex offender registration, and aggravated offenses listed in Section 42A.054 of the Texas Code of Criminal Procedure are generally not eligible for early release in Texas. A criminal defense lawyer experienced in handling early termination motions can help you determine whether or not you are eligible for early termination of your probation.
How can I get early termination of my probation?
If you are eligible, then your criminal attorney can request early termination on your behalf. Generally, in order to receive early termination from your probation, your criminal defense attorney must file a written motion asking the judge to order that your probation be terminated and that you be discharged from probation.
What happens if I am released early from my probation?
Deferred Adjudication: If you were placed on deferred adjudication, then your early termination will accomplish two things. First, it releases you from probation. You are no longer subject to the conditions previously imposed on you by the court. You no longer have to report to a probation officer. You no longer continue to accrue reporting fees, and you no longer live under the stress of being on probation. Second, if you are eligible for Non-Disclosure of your case, then early termination of your probation will accelerate the time before which you can request that your record be sealed. When the judge releases you from deferred adjudication, the judge should sign an order discharging you from probation and dismissing the proceedings against you. This is a prerequisite for the Non-Disclosure of your criminal record.
Regular Probation: If you were placed on regular probation, meaning you received a conviction and were sentenced to probation, then the judge may agree to set aside the verdict, allow you to withdraw your guilty plea, and dismiss the case against you. If the judge sets aside the verdict or allows you to withdraw your plea, then you will no longer be subject to the penalties and disabilities resulting from your conviction under Texas law.Request Early Termination of Your Probation
If you would like to be free of the burden of probation, contact criminal defense attorney Waren Price to discuss whether you may be a good candidate to request early release from your probation.
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