Under some state laws, the judge has the authority to terminate probation early when specific qualifications are met. However, a defendant doesn’t have the right to have their probation terminated early. Depending on the situation, a defendant may be required to serve the entire period, even if the defendant qualifies for early termination.
A judge will consider a variety of factors when deciding to grant early termination. These factors include:
- The seriousness of the crime
- Criminal history
- The opinion of the probation officer
- The advice of the prosecutor
- How probation interferes with employment or living circumstances
So, how soon can someone get off probation?
If the defendant is qualified, they can petition for early termination after completing a third or two years of the probation period, whichever is less. Although, a judge doesn’t have to review it until half of the probationary period of two years passes, whichever is more.
What Are The Requirements?
To qualify, the defendant must:
- have completed at least a third of the probation period
- not be a delinquent in payment of restitution and fees
- must complete court-ordered treatment
- has to fulfill conditions of probation
- has to not have been convicted of a crime that could disqualify them
It is best to have all restitution, fines, and court fees fully paid off before the Probation Department drafts a compliance report. This will help the judge better determine in your favor regarding early termination.
Crimes that can disqualify a person from early termination are:
- Felony with a deadly weapon
- Sexual assault
- Aggravated kidnapping
- Unlawful restraint or kidnapping of a minor under 17
- Indecency with a child
- Prohibited sexual conduct
- Repeat offenses of indecent exposure
- Aggravated robbery
- Compelling prostitution
- Sexual performance by a child
- First-degree injury to a child
- Delivery, or possession of a controlled substance in a school zone
If you or a loved one are looking to receive early termination of probation, we’d love to hear from you. So, call us at (713) 666-6657 for more information about early termination and what you can do. Or visit our site for more information on our services.