Abilene Early Probation Release Attorney

Let Our Firm Help You Get Off Probation Early in Texas

If you have satisfied all the conditions of your court-ordered probation in Texas, a judge may grant early termination of your probation. 

At the Law Offices of David M. White, we file motions for early termination on behalf of clients throughout West Texas. 

To see if you qualify for early probation, speak with an experienced Abilene early probation release attorney to get the best possible result.

Our lawyers in Abilene can examine your case, determine if you completed all or most of the court-ordered conditions, and help you obtain early release from probation.

Contact us today at (325) 437-3311 for your free consultation.

How to Qualify for Early Termination of Probation in Texas

Termination of Probation Eligibility and Conditions

Probation, known legally as community supervision, allows individuals convicted of a crime in Texas to serve their sentences outside of jail or prison. Under certain circumstances, it's possible to request an early termination of this probation.

In Texas, the process for seeking early termination of probation involves certain legal steps and criteria. 

The following are some of the key points regarding the motion for early termination of probation in Texas. 

The Texas Code of Criminal Procedure, specifically Article 42A.701, outlines the criteria for early termination of probation. 

According to this statute, after serving at least one-third of their probation period or two years (whichever is less), an individual may be eligible for early termination, provided they have complied with all the terms of their probation.

Key factors that may influence a judge's decision on early termination include:

1. Consistent Compliance: Demonstrating adherence to all conditions of probation, such as regular reporting, payment of fines, completion of community service, and avoiding new criminal offenses.
2. Positive Progress: Evidence of rehabilitation, which might include employment, education, or counseling, can support a request for early termination.
3. Support from a Probation Officer: Often, a recommendation from the supervising officer can significantly impact the judge's decision.

To initiate the process, a motion for early termination of probation must be filed in the court that sentenced you. 

This typically involves drafting and submitting a formal document outlining the reasons for requesting early termination and demonstrating how you have met the necessary criteria. 

It's advisable to work with a legal professional in this process to ensure that the motion is properly prepared and presented.

Remember, the decision to grant early termination of probation rests with the judge, who will consider various factors, including the nature of the offense, the individual's criminal history, and their conduct during probation.

If you were charged with a criminal offense and elected to take probation, you may be eligible for early termination of probation. 

The Texas Court of Criminal Appeals has clarified that early termination is at the trial court’s discretion. A judge may not review the request until the probationer has completed 1/3 of their probation period or two years, whichever is less. 

If a defendant meets specific qualifications, judges in Texas have the power to terminate probation early. 

Common factors a judge may take into account include the severity of the underlying offense, the defendant’s criminal history, any opinion from the defendant’s probation officer and the prosecutor of the case, and others.

What Are Some of the Qualifications Needed to Get Early Probation? 

The following are the qualifications for early termination of probation in Texas.

• Complete at least one-third of your probation period
• Complete court-ordered treatment or counseling
• Pay fines, restitution, and other court-related costs and fees
• Fulfill all probation conditions with no or a minimum number of violations
• Not convicted of a disqualifying offense, such as DWI, sex crimes, and serious violent crimes

If you qualify, a criminal lawyer can help you request early termination by filing a written motion asking the judge to discharge you from probation. 

In turn, the judge may set aside your verdict, give you a chance to withdraw your plea and dismiss your case entirely.

How to Write a Motion for Early Termination of Probation in Texas

Motion for Early Termination of Probation Template

A hearing before the trial judge is necessary to determine if early termination will be granted. To get a hearing, you must file a motion. 

The motion for early termination should state:

1. Case Identification: The motion should begin with the identification of the case, including the full name of the petitioner, case number, and the court where the case was heard.
2. Background Information: This section should provide a brief overview of the original offense, the date of sentencing, and the specific terms of the probation.
3. Compliance with Probation Terms: Clearly state how the individual has met or exceeded all the conditions of the probation. This includes but is not limited to, attending all required meetings, paying all fines and restitution, completing community service, and avoiding any new criminal charges.
4. Time Served: Indicate the length of time already served on probation. According to Article 42A.701 of the Texas Code of Criminal Procedure, a person is eligible to request early termination after serving at least one-third of their probation period or two years, whichever is less.
5. Rehabilitation Efforts: Detail any rehabilitation efforts made by the individual, such as counseling, educational achievements, employment, or community involvement. This demonstrates a positive change in lifestyle and behavior.
6. Supporting Statements: If available, include statements or letters of support from the probation officer, employers, counselors, or community leaders.
7. Legal Basis for the Request: Reference the relevant legal provisions that allow for early termination of probation in Texas, specifically mentioning Article 42A.701 of the Texas Code of Criminal Procedure.
8. Conclusion and Prayer for Relief: Conclude by summarizing the request and explicitly asking the court to grant early termination of probation.
9. Signature and Contact Information: End with the signature of the petitioner or their attorney and provide contact information for follow-up.

You need a lawyer who will tailor the motion to the specific circumstances of your individual case and comply with any additional requirements or formats mandated by the local court. 

For precise guidance and to ensure the motion aligns with current laws and court procedures, consulting a legal professional is always recommended.

What Are the Costs of Filing for Early Termination of Probation

The cost for filing a motion for early termination varies, but generally, it's around $500 for misdemeanors and $1,000 for felonies. 

Time credits for certain achievements (like paying court costs or completing education) can accelerate early termination for eligible offenders.

These credits reduce the probation period and are factored into the judge’s decision on early termination​

Consult a knowledgeable attorney to understand the specific requirements and procedures for filing a motion for early termination of probation in Texas, as the process can vary based on individual circumstances and the nature of the offense.

Which Crimes Are Not Eligible for Early Probation Termination in Texas?

In Texas, certain offenses are generally excluded from eligibility for early termination of probation. 

The following are examples of some of the crimes not eligible for early termination of probation. 

1. Violent Crimes: Offenses involving serious physical harm or the threat of such harm to another person, such as aggravated assault or robbery.
2. Sexual Offenses: Crimes involving sexual misconduct, particularly those requiring registration as a sex offender.
3. Crimes Against Children: Offenses involving abuse, exploitation, or harm to minors.
4. Drug Trafficking or Distribution: Serious drug offenses, particularly those involving the manufacture, distribution, or trafficking of controlled substances.
5. DWI (Driving While Intoxicated) Offenses: Certain repeat DWI offenders or those involving serious injury or death may be excluded.
6. Certain Property Crimes: High-value or aggravated property crimes may also be excluded, depending on the specifics of the case and the jurisdiction.

Please note that this list is not exhaustive and the eligibility for early termination of probation can vary based on the specifics of each case, the jurisdiction, and changes in the law. 

For the most accurate and up-to-date information, it is advisable to consult with a Texas criminal defense lawyer for advice and guidance. 

How Can a Texas Criminal Defense Attorney Help Terminate Probation?

It is advisable to have an experienced criminal attorney file the motion for early termination. The attorney can also request judicial clemency at the time of the early termination request. 

Judicial clemency restores significant rights to the convicted felon, such as the right to vote and bear arms.​

If the court grants judicial clemency, it releases the probationer from many penalties and disabilities resulting from the conviction, with certain exceptions. ​

Contact a Texas Early Probation Termination Lawyer

If you're on probation in Texas and considering the possibility of early termination, seek professional guidance. 

At the Law Offices of David M. White, our experienced Abilene criminal defense attorney are well-versed in navigating the complexities of probation law in Texas. 

We understand that each case is unique and requires a personalized approach.

Why Choose Us to Terminate Your Probation Early?

1. Deep Understanding of Probation Laws: We have a thorough grasp of the Texas Code of Criminal Procedure and stay updated on any changes that could impact your case.
2. Personalized Case Evaluation: Our team will meticulously review your probation terms, ensuring that you meet the qualifications for early termination.
3. Strategic Advocacy: We know that the judge's decision is crucial. Our attorneys will craft a compelling motion that highlights your compliance and progress.
4. Empathetic Legal Support: We appreciate the challenges you face and provide empathetic yet straightforward advice to guide you through this process.

Empowering You Towards a New Beginning

Probation can affect many aspects of your life. Our goal is to help you regain full freedom, offering a chance to move forward without the restrictions of probation. 

We'll work diligently to present your case in the best light, emphasizing your commitment to rehabilitation and societal contribution.

Getting Started Is Simple

Contact the Law Offices of David M. White today at (325) 437-3311 for a free initial consultation. 

Let's discuss your eligibility for early termination of probation and outline a clear path forward. Remember, time is a significant factor in these matters, so it's advisable to act promptly.

Transforming Legal Assistance into Positive Outcomes

Your freedom measures our success. Trust us to bring our experience, dedication, and understanding to your unique situation, aiming for the best possible outcome. 

Reach out to us now and take the first step toward ending your probation period earlier than you might have thought possible.

Schedule a free consultation

Law Offices of David M. White - Abilene Office

Address: 1500 Industrial Blvd #303
Abilene, TX 79602
Phone: (325) 437-3311