Yes, it is possible to terminate probation early in Texas. Judges have the power to alter and amend probation in Texas. This includes power over the terms, conditions, and period of time a person is on probation.
- Is it possible to get off probation early in Texas?Yes, it is possible to apply for early termination from probation in Texas. Early termination can be granted after one third of the probation period has been completed (or two years, whichever is less). For recipients of deferred adjudication, probation can be terminated at any time.
- How does probation end in Texas?Probation automatically terminates at the end of the probation term in Texas. However, failure to complete court-ordered requirements of probation can result in an extension of supervision, or in more serious situations, revocation. Learn more.
- Can you get early termination from probation in Texas?Yes, it is possible to receive early release from probation in Texas. The terms early release and early termination are used interchangeably. They both mean the same thing and result in discharge from probation.
PROBATION DISCHARGE IN TEXAS
Terminating probation in Texas happens automatically at the end of the probation period. It is possible to obtain early release and early termination. In many, but not all, cases, a judge can grant a request to discharge probation early in Texas.
- What is the Texas law on early release from probation?Early termination of probation is governed by Art. 42A.701 of the Code of Criminal Procedure. It states:
(A) At any time after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the judge may reduce or terminate the period of community supervision.
(B) On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant’s record and consider whether to reduce or terminate the period of community supervision. Learn more.
DEFERRED ADJUDICATION DISCHARGE IN TEXAS
Terminating deferred adjudication in Texas happens automatically at the end of the supervision period. It is possible to obtain early release and early termination. In many, but not all, cases, a judge can grant a request to terminate deferred adjudication early in Texas.
Deferred adjudication is better than straight probation in Texas because it results in a dismissal instead of a conviction. Terminating probation early after receiving deferred adjudication accelerates the timeline for nondisclosure eligibility in some cases. Learn more.
- What is the Texas law on early release from deferred adjudication?Early discharge from deferred adjudication is governed by Art. 42A.111 of the Code of Criminal Procedure. It states:
(A) On expiration of a period of deferred adjudication community supervision imposed under this subchapter, if the judge has not proceeded to an adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge the defendant.
(B) The judge may dismiss the proceedings and discharge a defendant before the expiration of the period of deferred adjudication community supervision if, in the judge’s opinion, the best interest of society and the defendant will be served. Learn more.
MOTION FOR EARLY TERMINATION OF PROBATION TEXAS
The most effective way to request early termination from probation in Texas is through a formal motion to the court. A motion for early termination can have the powerful effect of discharging a person from community supervision many months, and sometimes years, ahead of the scheduled termination date.
- How do I write a letter requesting an early termination of probation?There are no legal or formal requirements that must be included in a letter requesting early termination. Letters are largely ineffective and don’t have the desired effect of persuading a judge to grant early release in Texas.
WHAT ARE GOOD REASONS FOR EARLY TERMINATION OF PROBATION IN TEXAS?
The most powerful three factors in support of early termination of probation in Texas are compliance with all terms and conditions, and that the best interest of society and the defendant will be served by the early release and discharge.
- Can you request early termination of probation to join the military?Military service can be cited in support of a request for early release from probation. Judges are careful not to allow military service as a way to avoid the court-ordered requirements of probation. This includes the term on probation.
- Can you get early release from probation in Texas if you move?Moving out of county or out of state is not a powerful enough reason for a judge to early terminate probation. It can be cited in support of a request for early termination, but it is unlikely to be determinative.
- Can probation be transferred in Texas?Yes, Texas law allows for probation to be transferred across county and state lines. Probation transfer feasibility is different with every case, and ultimately up to the judge. When moving, transfer is always more likely than early termination.
EARLY TERMINATION OF PROBATION LAWYER TEXAS
Retaining experienced legal counsel is the fastest and best way to get off probation. An attorney can add power and precision to a motion for early termination of probation, and in many cases, speed up the timeline of when a judge will consider the request.
- How much does it cost to file for early termination of probation?The cost to file a motion for early termination in Texas can vary widely. There is no court cost or filing fee. The cost is for the legal services of an attorney to handle the matter.
HOW LONG DOES EARLY TERMINATION OF PROBATION TAKE IN TEXAS?
The early termination process can move quickly. In many cases, obtaining the necessary court and probation records needed, drafting and filing the motion, and getting before the judge for a decision can happen in 30 days or less.
- How long is deferred adjudication in Texas?The term of deferred adjudication is set by the judge at the time of plea. The minimum and maximum period of time a person can be on deferred in Texas varies from case to case.
- How long is probation in Texas?The term of probation is set by the judge at the time of plea. Probation can be terminated early upon request. Probation terms can also be extended in Texas.
WHAT ARE CHANCES OF GETTING OFF PROBATION EARLY IN TEXAS?
The chances of getting off probation early in Texas are real. For qualifying offenses the best step towards early termination is working to complete all terms and conditions early, while remaining compliant to the rules of community supervision.
- Can you get off probation early in Texas for DWI?A straight probation for DWI cannot be early terminated under Texas law. However, if you are on DWI probation and received deferred adjudication, you may request an early discharge and release from probation.
- Is there early termination for DUI probation?In Texas, DUI is a Class C Misdemeanor. A person cannot participate in probation for this type of offense in Texas. Learn more.
PROBATION EARLY TERMINATION DRUG TEST
In Texas, there is no drug test requirement before discharge and release of probation. Deferred adjudication can be terminated in Texas without a required drug test.
- Will a failed drug test extend probation?Yes, it is possible for probation to be extended or revoked due to a failed drug test. Every person on probation in Texas is susceptible to random drug testing. Learn more.
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Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
