January 20, 2020

Receiving Early Termination of Probation

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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.

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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:

  • DWI
  • Felony with a deadly weapon
  • Murder
  • 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

Contact Us

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.