The Texas court offers eligible offenders alternative sentencing, known as community supervision, so they can avoid jail or prison time. Community supervision comes in multiple forms, but the most common type is standard probation. Offenders are granted probation after a final conviction as it’s a way for the judge to “probate” sentence and avoid incarceration. What you might not know about probation, is that you can request early termination after you’ve completed the requirements.
An offender is eligible for early termination if they meet the requirements. Typically, an offender must complete one third or two years of their probation to receive early termination, whichever is less in their specific case. Although some crimes are prohibited from early termination due to their severity. If you are interested in ending your probation early, we highly suggest you gain legal counsel as soon as possible.
Early Termination of Probation Attorney in Travis County, Texas
After meeting certain qualifications, you may be able to terminate your probation early. You can determine if you’re eligible for early termination by speaking with our skilled managing attorney from The Law Office of Kevin Bennett. Kevin Bennett is a reputable, resourceful and experienced defense lawyer with years of practice in Texas court rooms. He can examine your case and draft a convincing motion for early termination of probation immediately.
Get in contact with The Law Office of Kevin Bennett by calling (512) 476-4626 now for a free consultation. At the consultation, attorney Kevin Bennett will overlook your case and determine what the next best step is. The Law Office of Kevin Bennett represents clients throughout the greater Austin and Travis County area including Lakeway, Sunset Valley and Pflugerville.
Overview of Early Termination of Probation in Texas
- How Can I Get My Probation Terminated Early in Texas?
- How Long Does It Take to Get Early Termination of Probation in Texas?
- What Are the Requirements for Early Release form Probation in Texas?
- Crimes Ineligible for Early Termination of Probation
- Additional Resources
How Can I Get My Probation Terminated Early in Texas?
In Texas, a judge has the ability to terminate your probation sentence early if you’ve met certain qualifications. Defendants, however, have no written rights to have their probation terminated early. That means even if you meet the eligibility requirements and have been following the terms and conditions of your probation, the judge may still deny your request.
Some factors a judge may consider when deciding early termination include, but are not limited to the following:
- Your past criminal history;
- The seriousness of the original crime;
- The opinion of your probation officer;
- Your rate or the possibility of recidivism;
- Completion of community service hours;
- Completion of assigned classes and meetings;
- Relapses in drug treatment during probation;
- The opinion of the prosecutor for your case
You can request early termination of your probation by filing a motion with the court. The clerk will then schedule a date on the court’s calendar and on that day you and your defense can argue the matter in front of a judge. A persuasive and convincing motion should make a significant difference in your case and ultimately influence the judge’s decision. That is why it’s not just important, but necessary for you to secure legal counsel if you want to pursue early termination. An experienced attorney can draft a motion with coercive arguments to argue for early termination.
How Long Does It Take to Get Early Termination of Probation in Texas?
Unlike deferred adjudication, a person on probation fulfill the minimum waiting period to receive early termination. A qualified defendant can petition for early termination after completing one-third of their community supervision sentence or two years, whichever is less. It’s important to note a judge is not required to review the request until the defendant has completed one-half of their probation period or two years depending on what is more.
After the motion is filed, the Probation Department will respond by writing a report about the defendant’s conduct during their community supervision. Normally, the district attorney’s office doesn’t get involved with this report. The courts will traditionally give the Probation Department at least 30 days to produce their report. Once that is filed, the court can then take it upon themselves to schedule a date.
What Are the Requirements for Early Termination of Probation in Texas?
Early termination is possible if you are diligent and complete certain requirements. To qualify for early termination, you must fulfill the following conditions:
- Complete at least one-third of the probation period or two years, whichever is less;
- Not be delinquent in payment of restitution, fines, court costs and fees;
- Complete all court-ordered classes, counseling or treatment;
- Satisfy all the conditions of probation; and
- Must not have been convicted of a disqualifying crime
What Crimes Aren’t Eligible for Early Termination of Probation in Texas?
Texas prohibits early termination for offenders convicted of certain criminal offenses. Crimes that aren’t eligible for early termination of probation include:
- DWI
- Assembling or Operating an Amusement Ride While Intoxicated
- Boating While Intoxicated
- Prohibited Sexual Conduct
- Repeat Indecent Exposure Offenses
- Intoxication Assault
- Intoxication Manslaughter
- Kidnapping Victim Younger Than 17 Years of Age
- Flying While Intoxicated
- Continuous Sexual Abuse of Young Child / Children
- Felony with a Deadly Weapon
- Repeat Manufacture, Delivery, or Possession of a Controlled Substance in a School Zone Offenses
- Unlawful Restraint
- Manufacture or Delivery of a Controlled Substance Causing Death or Serious Bodily Injury
- Online Solicitation of a Minor
- Possession or Promotion of Child Pornography
Additional Resources
Travis County Adult Probation Services – Visit the official website for Travis County to learn more about their community justice services for probation. Access the site to read their vision, mission, non-discrimination policy and helpful resources for people under probation.
Texas Probation Laws – Visit the official website for Texas Code of Criminal Procedure to find more information surrounding deferred adjudication. Access the statute to learn more about deferred adjudication, how to be eligible, affirmative findings and the conditions for standard community supervision.
Probation Defense Lawyer for Early Release in Austin, Texas
If you want to early termination of your probation, we urge you to contact The Law Office of Kevin Bennett. Attorney Kevin Bennett is a dedicated criminal defense attorney serving the greater Travis County area. With his years of experience and skills, he can formulate a strong argument and draft a convincing motion for your early release.
Call Kevin Bennett at (512) 476-4626 for aggressive and effective legal counsel. The Law Office of Kevin Bennett proudly serves clients throughout the Austin metropolitan area including Lago Vista, Lakeway, Rollingwood and Pflugerville.
