Get Off Probation in Texas
Being placed on community supervision (commonly referred to as probation) in Texas can be difficult, but, if you satisfy your conditions of supervision, a judge may grant an early termination. In this article, we will discuss your options for getting off community supervision early, and the steps you should take to have the best chances of success.
WHAT IS PROBATION?
There are generally two types of community supervision in Texas, regular community supervision and deferred adjudication community supervision. These supervisions, require that you complete a continuum of programs, classes, and sanctions.1 Both community supervisions are in lieu of incarceration but have different meanings and possible outcomes.
REGULAR PROBATION
Regular community supervision can be ordered by a judge or recommended by a jury.2 Under judge-ordered community supervision a judge may suspend the sentence and place you on community supervision or impose a fine and place you on community supervision.3 While a jury can impose a term of confinement and recommend that the judge suspend the sentence and place you on community supervision.4
DEFERRED ADJUDICATION PROBATION
Under deferred adjudication community supervision, the judge may defer further proceedings, following your plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates your guilt, and place you on a deferred adjudication community supervision without entering an adjudication.5
As you can see, these two community supervisions can have vastly different legal impacts on you, but as you will also see, they both may allow for the early termination of your community supervision. For the best chance of achieving an early termination of your community supervision, it is important to have an experienced and knowledgeable attorney. Contact the attorneys at Walker & Taylor for a free case evaluation.
WHAT IS AN EARLY TERMINATION OF PROBATION AND ARE YOU ELIGIBLE?
You may be eligible and granted an early termination if you complete your conditions of supervision before your original period of supervision ends. Becoming eligible and qualifying for early termination are two significantly different matters. To qualify for early termination, you will need to complete your conditions of supervision and have no or minimal violations of supervision. Ultimately, the judge will determine whether you are granted an early termination from your community supervision, but when you become eligible for an early termination is dependent on what type of community supervision you are on.
REGULAR PROBATION
Civil litigation generally starts when someone believes they have suffered harm sends a demand letter or presents a claim to the person who allegedly caused it. The demand letter or claim will typically ask for money or to stop a particular action. However, suppose the parties are unable to come to an agreement without getting the court system involved. In that case, one of the parties will begin the lawsuit by filing a document called a Petition.
A judge may reduce or early terminate your period of community supervision any time after you have completed one-third of your original supervision period or two years, whichever is less.6 Furthermore, unless you have delinquent restitution or you have not completed court-ordered counseling or treatment, the court shall conduct a review for early termination at the halfway point of your community supervision or two years, whichever is more.7 Generally, you will have to complete all sanctions, programs, classes, and pay all fees, fines, court costs, and restitution before the judge will consider granting an early termination.
DEFERRED ADJUDICATION PROBATION
Unless you are charged with an offense requiring you to register as a sex offender under Chapter 62, there is no certain period of time you must spend on deferred adjudication community supervision before you can become eligible for dismissal and discharge by way of early termination.8 That being said, it is important to understand that while you may be eligible immediately, you will likely not qualify for an early termination immediately. Generally, you will have to complete all sanctions, programs, classes, and pay all fees, fines, court costs, and restitution before the judge will consider granting an early termination
While it is important to successfully complete all terms of your supervision to possibly be granted an early termination, it can be even more important to avoid any violations of your conditions of supervision. Minor violations may not impact your chances as much as a law violation will, but if you do violate your conditions of supervision, it is important to have an attorney with experience and knowledge on how to handle a community supervision violation. Contact the attorneys at Walker & Taylor for a free case evaluation today!
WHAT TO EXPECT WITH A MOTION FOR EARLY TERMINATION?
Once you have reached the amount of time needed for an early termination and completed all conditions of supervision, including, paying fees, fines, restitution, court costs, and completing all classes, sanctions, and treatment you may be ready to apply for early termination. You will likely begin with a discussion with your community supervision officer, and they may submit the request for early termination, or you may petition the court for early termination once you become eligible. While you may need to appear in court for a hearing on an early termination, some courts will allow for the submission of a request for early termination. In any event, the court will consider the early termination and either grant or deny your early termination request. If granted an early termination, the court shall amend or modify the term of community supervision, if necessary, and discharge you from community supervision.9
To further understand what happens after you have been successfully terminated early from your community supervision, contact the attorneys at Walker & Taylor for a free case evaluation by calling (281) 668-9957.
HOW DO YOU IMPROVE THE CHANCES OF AN EARLY TERMINATION FOR YOUR PROBATION —HIRE AN ATTORNEY WITH KNOWLEDGE AND EXPERIENCE IN HOUSTON, TX TODAY
As you can tell, the path to an early termination can be confusing and difficult, consult with an experienced criminal defense attorney for the best possible outcome. The attorneys at Walker & Taylor will provide experienced legal representation. Contact the firm for a free case evaluation by calling (281) 668-9957 today!
Notes:
- Tex. Code Crim. Proc. Ann. art. 42A.001(1)
- Tex. Code Crim. Proc. Ann. art. 42A.053-055
- Tex. Code Crim. Proc. Ann. art. 42A.053(a)(1-2)
- Tex. Code Crim. Proc. Ann. art. 42A.055(a)
- Tex. Code Crim. Proc. Ann. art. 42A.101(a)
- Tex. Code Crim. Proc. Ann. art. 42A.701(a)
- Tex. Code Crim. Proc. Ann. art. 42A.701(b)
- Tex. Code Crim. Proc. Ann. art. 42A.111(b)
- Tex. Code Crim. Proc. Ann. art. 42A.701(e)
Contact Us
Need help with an early termination?
Fill out a form to schedule your case evaluation today.