Many people are sentenced to very lengthy terms of probation relating to their criminal charges in Texas. Several of the restrictions created by a probation agreement can become a substantial burden to the people facing them, but not all people have to complete the entire terms of probation with the help of an early termination of probation attorney.
The crime involved in your case will often determine your eligibility for early termination of probation. A judge ultimately decides whether to terminate your probation early, and you must present the most compelling case possible.
Early Termination of Probation Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you or your loved one needs to get a probation sentence terminated early in Collin County, make sure you have legal representation. Our firm has decades of experience handling these types of matters and knows how to help people achieve the most favorable outcomes in these cases.
Contact the Law Offices of Richard C. McConathy today at (469) 304-3422 for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas.
Early Termination of Probation Eligibility in Collin County
Under Article 42A.701(a) of the Texas Code of Criminal Procedure, a judge may reduce or terminate a period of community supervision at any time after an alleged offender has satisfactorily completed one-third of their original community supervision period or two years of community supervision, whichever period is less. Article 42A.701(b) of the Texas Code of Criminal Procedure establishes that a judge must review an alleged offender’s record and consider whether to reduce or terminate a period of community supervision on completion of one-half of the original community supervision period or two years of community supervision, whichever period is more, unless an alleged offender is delinquent in paying required costs, fines, fees, or restitution that they have the ability to pay, or has not completed court-ordered counseling or treatment.
Article 42A.701(g) of the Texas Code of Criminal Procedure further states that the article will not apply to alleged offenders convicted of:
- offenses under Texas Penal Code §§ 49.04-49.08, including driving while intoxicated (DWI), flying while intoxicated, boating while intoxicated, DWI with child passenger, intoxication assault, intoxication manslaughter, or assembling or operating an amusement ride while intoxicated;
- an offense the conviction of which requires registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, including possession or promotion of child pornography, indecency with a child, continuous sexual abuse of young child or children, bestiality, prohibited sexual conduct, sexual assault, aggravated sexual assault, sexual performance by a child, prostitution, compelling prostitution, unlawful restraint, kidnapping, aggravated kidnapping, second or subsequent indecent exposure violations, online solicitation of a minor, trafficking of persons, or continuous trafficking of persons;
- a felony described by Article 42A.054 of the Texas Code of Criminal Procedure, including murder, capital murder, first-degree felony criminal solicitation, sexual assault, aggravated sexual assault, aggravated kidnapping, trafficking of persons, indecency with a child, aggravated robbery, compelling prostitution, first-degree felony injury to a child, and sexual performance by a child.
Early termination of probation usually requires an alleged offender to satisfy each one of the following:
- Fulfillment of every condition of probation
- Satisfactory completion of a minimum of one-third of the probation period
- Completion of any court-ordered counseling or treatment
- Full payment for all restitution, fines, court cost, or fees
- No other criminal convictions
Additional qualifications for early termination of probation in Texas include:
- Completion of at least one-third of a probation period
- Completion of court-ordered treatment or counseling
- Payment of all fines, restitution, and other court-related costs and fees
- Fulfillment of all probation conditions with no or a minimum number of violations
- No convictions for disqualifying offenses, such as DWI, sex crimes, and serious violent crimes
To achieve an early termination of probation in Texas, a person will have to work with an experienced attorney to draft a motion requesting an early termination of your probation, schedule a date to appear in court, speak to a prosecutor and probation officer to get their support, and present your argument to the judge. Before you can begin an early termination of probation hearing, a prosecutor must get an advance written notice, so they have the opportunity to state any objections on the record.
When a request for early termination of probation is successful, most judges do not require people to pay any probation fees later on. Courts will typically consider the seriousness of the offense leading to the conviction, whether a person has completed all the terms and conditions of their probation, the extent or lack of a criminal record, whether probation is keeping a person from getting employment or any other benefits, and the prosecutor’s position on the issue.
Effects of Early Termination of Probation in Texas
If a person was placed on deferred adjudication, early termination releases them from probation. Conditions imposed by a court will no longer be applicable, and there is no longer a need to report to a probation officer.
If a person is eligible for non-disclosure of their case, early termination of probation allows for criminal records to be sealed more quickly. A judge can sign an order discharging the person from probation and dismissing the proceedings against them, a prerequisite for non-disclosure.
Family violence offenses are not prohibited from early release of deferred adjudication, but it can still be difficult to get a judge to grant early release for these offenses. Whether early release is granted, family violence offenses that are deferred cannot be non-disclosed, even when there was no affirmative finding of family violence.
Judicial Clemency in Collin County
If a person is on regular probation involving a conviction, a judge can set aside the verdict, allow withdrawal of a guilty plea, and dismiss the case. This is also known as judicial clemency.
Penalties relating to such convictions are no longer applicable. Charges dismissed through judicial clemency may not be expunged but can be sealed.
Criminal records are still used against alleged offenders under the following circumstances:
- A conviction still prevents a defendant from seeking community supervision from the jury if judicial clemency is granted in a felony case
- Any future judge will be made aware of the defendant’s previous conviction or guilty plea if they are charged with any future crimes
- The Health and Human Services Commission can consider the case when considering issuing, renewing, denying, or revoking the license of a defendant who has or applies for a school or childcare license
Collin County Early Termination of Probation Resources
Community Supervision and Corrections | Collin County ― On this Collin County website, you can learn more about the mission of the Collin County Community Supervision and Corrections Department (CSCD), which is to protect the community through supervision/incarceration of the offender, deter criminal behavior through the administration of sanctions, encourage positive changes in the offender’s behavior, and increase community corrections involvement. Many of the frequently asked questions (FAQs) on this website relate to community supervision. Also learn more about such probationer programs as Sheriff’s Convicted Offender Re-Entry Effort (S.C.O.R.E), which is an intermediate sanction facility operated in a collaborative effort between CSCD and the Collin County Sheriff’s Office, and Veterans Accessing Lifelong Opportunities for Rehabilitation (V.A.L.O.R.), which is an intermediate sanction facility operated in a collaborative effort between CSCD, The North Texas Regional Veterans Court and Honorable Judge Roach, Jr., and the Collin County Sheriff’s Office.
Juvenile Probation Services | Collin County ― The Collin County Juvenile Probation Department tries to promote a balanced and restorative justice approach throughout the juvenile justice continuum to include both sanctions and rehabilitation through intervention services. These efforts address both alleged offender accountability and provide for a safe and secure community. Assessments directly address alleged offenses, behavior patterns, and contributing factors to offenses. The Collin County Juvenile Probation Department has multiple locations:
Collin County Juvenile Probation Services
4690 Community Ave.
McKinney, TX 75071
Juvenile Justice Alternative Education Program
4690 Community Ave.
McKinney, TX 75071
Plano Satellite Office
900 East Park Blvd.
Plano, TX 75074
Collin County Juvenile Detention
4700 Community Ave
McKinney, TX 75071
Find A Collin County Attorney Early Termination of Probation Attorney | Law Offices of Richard C. McConathy
Did you or your loved one need help getting your probation terminated early in Plano or another community in Collin County? It will be important for you to be working with an experienced criminal defense lawyer.
Call (469) 304-3422 or contact the Law Offices of Richard C. McConathy today at for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas. We can then better understand the nature of your charges and also examine your possible defense options.