Early Termination of Probation
Early Termination of Probation Defense
Early termination of probation in Texas refers to ending a probationary period before the originally assigned completion date. Probation, often referred to as "community supervision" in Texas, is an alternative to incarceration that allows an individual to remain in the community under specified conditions, which might include reporting to a probation officer, attending counseling, performing community service, or other stipulations.
What is Early Termination of Probation?
In Texas, many probationers are eligible to request early termination of their probation under certain circumstances:
Eligibility: Not all offenses are eligible for early termination. Typically, more serious felonies or specific offenses may have stipulations against early termination. It's important to consult the Texas Penal Code or a legal professional to determine eligibility based on the specific offense.
Completion of Half the Probation Term: In many cases, before requesting early termination, the probationer must have successfully completed at least half of the assigned probation term. However, this requirement can vary based on the specifics of the sentence and the discretion of the court.
Fulfillment of All Conditions: All conditions of probation, such as fines, community service, classes, and restitution, must usually be satisfied before the court will consider an early termination.
Good Behavior: Demonstrating compliance with all probationary terms and avoiding any additional legal infractions or problems can make a probationer a more favorable candidate for early termination.
Procedure: A motion for early termination typically needs to be filed by the probationer or their attorney. The court then reviews the motion, often seeking input from the probation officer and the prosecutor. The final decision rests with the judge.
Benefits: If early termination is granted, the individual is released from the terms and conditions of probation, and in some cases, might also be eligible to seek an order of nondisclosure or expungement for their record, depending on the circumstances and nature of the offense.
let The Law Office of Charlie Roadman help you
Hiring a lawyer for early termination of probation in Texas can be beneficial for several reasons:
Expertise in Law: Our expert attorneys are familiar with the intricacies of Texas law and understands the requirements and criteria for early termination. They can determine whether you meet the eligibility criteria and guide you through the appropriate legal channels.
Submitting a motion for early termination requires specific documentation and adherence to legal protocols. Mistakes in filing can delay the process or even result in denial. We ensure that the motion is filed correctly and comprehensively.
Effective Advocacy: Our attorneys can persuasively present your case to the court, highlighting your compliance with probation terms, rehabilitation efforts, and reasons for seeking early termination. Our advocacy skills can be pivotal in swaying the court's decision in your favor.
Negotiation with Prosecutors: Sometimes, it's beneficial to speak with the prosecution before filing a motion. We will negotiate with the prosecutor to determine if they will oppose the motion or remain neutral, thereby increasing the chances of a favorable outcome.
Familiarity with the Court System: We are familiar with the local court system and know the preferences and tendencies of specific judges, which can be invaluable when preparing and presenting your motion.
Peace of Mind: The legal process can be daunting and confusing. We can guide you through the process provides reassurance, as they can address your concerns and answer questions, giving you a clearer understanding of what to expect.
Nondisclosure: If early termination is granted, the next step might be to seek an order of nondisclosure to seal the criminal record. We can advise and assist in these subsequent steps.
WHEN SHOULD I HIRE AN ATTORNEY?
Immediately. An attorney should be working on your case right away. We want to talk to witnesses as soon as possible and protect any evidence that will help the case. Hiring an attorney is also a good way to alleviate the stress and anxiety that comes with being arrested.
will a judge consider early termination?
They will consider it if the probationer is eligible under the law. The Judge will review the case and discuss with the prosecutors and the defense attorney.