EARLY TERMINATION OF PROBATION
If you have been charged with a criminal offense in Texas and decided to take probation, you may be eligible for early termination. Typically, you must complete one third of your probation or two years, whichever is less in your case. Some serious offenses in Texas are categorized so that a judge may not terminate your probation early. If you have a question as to your eligibility you should contact a criminal defense attorney to see if you qualify.
What is Early Termination of Probation and how may You Qualify?
If you meet certain qualifications, Texas law give a judge the authority to termination your probation early. Just know this, there are no guarantees. Try to maintain a good relationship with your probation officer and judge. Just because you qualify for early termination of probation does not necessarily mean that you have a right to early termination of your probation. Ultimately, it is up to the judge and the judge may choose to have you complete the entire term of your probation.
How can I Qualify for Early Termination of Probation?
There are many factors that a judge will weigh in determining whether he or she will let you terminate your Texas probation case early. Things the judge will consider are factors such as the seriousness of the crime, the rate of recidivism, your criminal history, completion of your community service hours, completion of all your assigned classes and meetings, the opinion of your probation officer, and the opinion of the prosecutor that handles your matter. Other factors the judge will consider for the early termination of your probation will be your job and how much your job and family responsibilities interfere with your probation.
What is Judicial Clemency?
A new law in Texas under the Texas Code of Criminal Procedure 42A.701 is now available to some probationers. This new law allows a Texas judge to set aside your conviction within thirty days of the termination of your probation or community supervision. This new law does not seal your conviction the way an expunction does. In fact, your conviction will not be hidden from judges and prosecutors.
What are the Requirements for the Early Termination of Your Probation?
Once you have completed at least one third of your probation or community supervision or two years of your community supervision (whichever is less) the judge may reduce or terminate your supervision period.
You may not be delinquent in paying your fees, fines, and costs associated with your community supervision and you must complete your court ordered counseling, classes, or treatment.
The judge must notify both the prosecutor in your case and your criminal defense attorney.
If you have failed on some of your requirements, the judge will advise you in writing of what your requirements are and how to successfully complete the terms of your probation.
Remember, there are certain crimes with will prohibit you from early termination of probation or community supervision.
At A. Vega Rubio Law we routinely apply for the early termination of probation with our clients and have been successful in the early termination of probation requests. If you think that you may qualify for the early termination of your probation or your community supervision contact us today!