Probation is a better alternative than incarceration, but it is still burdensome and prevents a person from living a normal life. So many individuals, naturally, still seek the opportunity for early release once they’ve met the necessary requirements. However, the process for early release from probation can be complex and navigating the legal landscape is challenging.
At M|C Criminal Law, we understand the importance of moving forward and are dedicated to helping clients explore the option of early release from probation. With our extensive knowledge of Texas law, including our unique experience as former members of the Public Prosecutor’s Office, we are well-equipped to help you seek the best possible outcome.
Let us guide you through the legal process and work towards achieving your goal of early termination, so you can put this chapter behind you and embrace a fresh start.
When facing criminal charges, probation can be an alternative to incarceration. However, not all probation types are the same, and understanding the distinctions between them is crucial, especially when considering options like early release from probation. There are two primary types of probation in Texas: straight probation and deferred adjudication probation.
Straight probation, also known as regular probation, is typically given when a judge sentences an individual after a conviction. If you are placed on straight probation, you have been found guilty of the crime, but instead of serving time in jail or prison, you are allowed to remain in the community under specific conditions.
These conditions may include regular check-ins with a probation officer, completing community service, paying restitution, attending counseling, or participating in drug or alcohol treatment programs. If you successfully complete the terms of your probation, you can avoid jail time. However, if you violate the conditions, you may face additional legal penalties, including the possibility of imprisonment.
Deferred adjudication probation, on the other hand, is a form of probation given to defendants who have not been convicted yet. When granted deferred adjudication, the court defers (or postpones) a finding of guilt. During this probation period, you must comply with the court’s conditions, which are similar to those of straight probation.
If you successfully complete the probationary terms, the court may dismiss the case without a conviction on your record, effectively giving you a second chance. However, if you violate the terms of deferred adjudication probation, the court can proceed with adjudicating the case, and you may be convicted, potentially facing a sentence for the crime.
Understanding the difference between straight probation and deferred adjudication probation is essential, as it can impact the strategies and potential for seeking early release from probation later on.
If you are on straight probation in Texas, you may be eligible for early release under certain circumstances. Pursuant to the Texas Code of Criminal Procedure, Art. 42A.701(a), a defendant may request early release after serving at least one-third of their probationary period or after two years of probation, whichever is less.
To apply for early release, you must show that you have successfully complied with all probation conditions, such as paying restitution, attending required programs, and maintaining regular check-ins with your probation officer. The judge will review your case and assess whether you have demonstrated good behavior and rehabilitation efforts.
If the court finds that early release is justified, they may grant it, potentially allowing you to avoid serving the full term of probation. It’s important to consult with a criminal defense attorney when seeking early release from straight probation, as they can help navigate the legal process and present the strongest case on your behalf.
For individuals on deferred adjudication probation in Texas, the process for early release differs slightly from straight probation. Under the Texas Code of Criminal Procedure, Art. 42A.111(b), there is no set period of time that needs to pass for you to be eligible for early termination of deferred adjudication probation.
However, before you apply for early release, you should show that you have complied with most or all the conditions set by the court, including attending required programs, maintaining regular contact with your probation officer, and fulfilling any community service or restitution obligations.
Demonstrating that you have rehabilitated and posed no further threat to public safety is also crucial in this process.
Specifically, for a judge to grant early release, they need to believe that it is in ‘the best interest of society’, per Art. 42A.111(b). Once you file a motion for early release, the judge will review your case. If the court agrees, they may grant early termination, meaning you can conclude probation without a conviction on your record.
As with straight probation, consulting with an experienced criminal defense attorney is essential when seeking early release from deferred adjudication. An attorney can help ensure that your application is thorough and well-supported, increasing the likelihood of a favorable outcome.
At M|C Criminal Law, we are experienced probation lawyers committed to helping clients navigate the complex legal process of early release from probation. With a deep understanding of the Texas criminal justice system, we have the knowledge and expertise to help you seek a timely and favorable outcome.
Our team’s unique background includes former experience working for the Public Prosecutor’s Office, which gives us invaluable insight into both sides of the legal process. This perspective allows us to craft strategic defenses and present compelling arguments on your behalf, increasing the likelihood of securing early release.
Whether you are seeking early release from straight probation or deferred adjudication, we are here to guide you through every step of the process. We will work tirelessly to ensure that your case is handled with the attention and care it deserves. Contact us today to schedule a consultation and take the first step toward achieving your goals.
