Can I Get Out of Probation Early in Texas?

If you are facing criminal charges, your primary goal might be to avoid jail time. If your charges cannot be dismissed altogether, learning that you will receive a probation sentence can be positive news. Often, being offered probation instead of jail time is part of a plea agreement obtained by a skilled Austin criminal defense attorney.

While probation might be preferable to jail time, it can still impact your life in costly ways. It is not uncommon for people to struggle to meet the strict conditions of probation, and you do not want to risk a probation violation. This often leads people to wonder whether they might get out of probation early in Texas.

How Can I Get Out of Probation Early?

Under Texas law, judges are given authority to terminate probation early if a defendant meets certain qualifications. The opportunity to have probation terminated early is not a right any defendant has - rather, it is up to a judge whether to grant a request to terminate probation early or not.

A judge can deny the request and require that the defendant complete his or her probation, even if they meet the qualifications for early termination of their probation.

To be considered for early termination of probation, a request must be properly made to a judge. Before that is done, an experienced criminal defense attorney can help first determine whether you are eligible and, if you are, which steps need to be taken to get your probation terminated early.

How Do I Know If I Am Eligible for Early Termination of My Probation?

If you are on regular probation or community supervision, then you must complete at least one-third of the initial period of supervision or two (2) years, whichever is less. Only in either of those situations would you be considered for early termination.

If you are on deferred adjudication probation, then there is no requirement as to how long you must be on probation before you apply for early termination. For deferred adjudication probation, you can apply to the court at any time for early termination.

What Will a Judge Consider for Early Termination of My Probation?

Courts will consider all the circumstances involving your case, which include but are not limited to:

  • The nature and seriousness of your conduct leading to the conviction.
  • Whether you have complied with all the terms and conditions of probation.
  • Whether you have a long, short, or no record of criminal history.
  • Whether the probation is adversely affecting you, for example, in preventing you from being hired or from obtaining any other benefits.
  • Whether the prosecutor opposes or does not object to early termination.

An Austin, TX Criminal Defense Attorney Can Help You Seek Early Probation Termination

At Granger and Mueller, PC, we successfully help our clients to obtain early termination of their probation whenever possible. We can determine if you are eligible and whether early termination is an option in your case, and then we are here to do the rest to give you the best chance possible to successfully get your request approved. Contact our Austin criminal defense lawyers today to get on your way to possibly having your probation terminated early.