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.
- 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 statute in Art. 42A.701 of the Texas 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.
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.
- What is the Texas law on early release from deferred adjudication? Early discharge from deferred adjudication is governed by statute in Art. 42A.111 of the Texas 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.
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.
- How to file a motion for early termination of probation in Texas? A Texas motion for early termination of probation is filed with the appropriate court, typically by electronic filing. This process requires a knowledge of civil and criminal procedure and is therefore best handled by an experienced Texas probation lawyer and law firm.
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 of 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.
- What’s the earliest you can get off probation in Texas? Defendants on regular community supervision probation must complete one-third (1/3) of their supervisory period before a judge can grant early termination. However, a judge can early terminate deferred adjudication probation at any time.
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.
In some instances, the district attorney can contest early probation release, which requires presenting a compelling case to the judge. Texas judges and prosecutors are particularly strict with early termination with the following crimes:
- Assault, involving serious injury
- Crimes of domestic violence
- Murder
- Burglary
- Manslaughter
- Robbery
- Aggravated Sexual Assault, Online Solicitation, and other crimes requiring sex offender registration
- Certain controlled substance crimes
- Crimes involving a deadly weapon
- Theft involving high-dollar amounts and other white collar crimes like Employment Fraud.
- 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.
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.
A probation violation can also result in arrest, the imposition of any probated punishment or verdict, and jail or prison.
- How long are most probation periods in Texas? Probation length varies across the state and depends on a litany of factors such as the nature of the offense, the defendant’s criminal record, the judge presiding, and even a jury trial sentence in some instances. However, the maximum probation length for misdemeanors is 2 years and the maximum length for felony probation is 10 years in Texas.
CAN PROBATION BE REDUCED IN TEXAS?
Yes, a dynamic defense strategy can reduce the overall terms and length of probation during the plea bargain process in Texas. Additionally, those presently on probation can petition for early release by filing a motion for early termination of probation in Texas. An ideal early termination candidate will owe no probation money or court costs and have completed all conditions, including community service and alcohol awareness if appropriate.
- What are the best excuses to get out of probation? The best approach for early release in probation is to fully comply with all terms and conditions of probation. A person who has completed all probation conditions is best positioned to argue the best interest of society and the defendant will be served by early termination of probation.
It is important to note here that early probation termination is different from parole, which is a distinct type of release for good behavior following a term of imprisonment.
- How to make probation go by faster? The quickest way to get off probation is to complete all conditions as soon as possible, including payment of fines and completion of community service hours, and then retain an experienced Texas criminal law attorney to execute a motion for early termination of probation.
HOW TO END A PROBATION PERIOD IN TEXAS?
Individuals on probation in Texas should seek early termination to end their probation as soon as possible. An early termination eliminates the risk for a probation violation and also expedites eligibility for a nondisclosure order, which allows Texans to seal eligible criminal records. Those seeking additional information should consult an experienced Texas criminal defense lawyer and law firm.
TOP TEXAS CRIMINAL DEFENSE LAWYERS
Trey Porter Law provides powerful representation for people facing criminal charges across Texas. Results matter most when your freedom and future are on the line. Trey Porter Law brings over 40 years of combined experience, strategic knowledge, and a hard-earned reputation of winning to every case the firm takes on. The top-rated lawyers at TPL have a steadfast commitment to uncompromising results.
