Early Termination of Probation

Terminate Probation Early: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties

A teenager in Texas who killed four people when he drunkenly lost control of his truck was handed a 10-year term of probation. Many people in the Lone Star state expressed their anger at what they considered a very light sentence, and some legal experts wondered if the convicted teen could obtain an early termination of probation down the line.

Defining Early Discharge from Probation in Houston

In Texas, the decision of terminating a term of probation earlier than expected rests entirely on the court. In most cases, the petition for early termination is made before the same judge who presided over the conviction and sentencing hearings. There are certain legal requirements that must be satisfied in this regard:

• The petition cannot be tendered until the convicted individual has served at least one-third of the term of probation. For example, if an individual is released from prison and has three years of probation left to serve, the petition for early discharge can only be made after 12 months have been served.
• All fines and restitution order must have been satisfied at the time the petition is filed.
• All counseling programs have been completed.

Not all crimes are eligible for early release from probation. In general, all crimes against minors will disqualify offenders from the option of early discharge. Other criminal offenses include:

• First degree solicitation of a crime.
• Aggravated robbery.
• Driving while intoxicated.
• Second and subsequent offense of indecent exposure.

Understanding Judicial Clemency in Houston, Texas

An additional legal feature of early dismissal from probation in Texas is that the judge may choose to apply judicial clemency. This means that the charges are dismissed to an extent, even for offenders who plead guilty for the purpose of negotiating a lesser sentence. Under some circumstances, judicial clemency recipients may also be able to seal their criminal records.

Get Advice From a Knowledgeable Probation Attorney

If you are on probation and are looking to get released, then speak with The Law Office of Greg Tsioros today by contacting (832) 752-5972.