People can be sentenced to incredibly lengthy terms of probation as part of their criminal charges in Texas. The restrictions imposed by probation can often become a burden to the people facing them, but they fortunately do not have to complete the entire terms of probation in some circumstances.
The offense involved in your case often determines your eligibility for early termination of probation. In the end, a judge will decide whether to terminate your probation early, and you will want to make sure that you present the most compelling case possible.
Denton Early Termination of Probation Lawyer
If you or your loved one are hoping to have your probation terminated early in the Denton area, you are going to want to be sure that you have legal representation in court. Get yourself an experienced criminal defense attorney.
The Law Offices of Richard C. McConathy has helped scores of people all over Denton County get their probation terminated early. Our firm can discuss your rights with you when you call (940) 222-8004 or contact us online to receive a free consultation.
Early Termination of Probation Eligibility in Denton County
Article 42A.701(a) of the Texas Code of Criminal Procedure establishes that a judge can reduce or terminate the period of community supervision at any time after a defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less. Under Article 42A.701(b) of the Texas Code of Criminal Procedure, a judge must review the defendant’s record and consider whether to reduce or terminate the period of community supervision on completion of one-half of the original community supervision period or two years of community supervision, whichever is more, unless the defendant is delinquent in paying required costs, fines, fees, or restitution that the defendant has the ability to pay, or has not completed court-ordered counseling or treatment.
Article 42A.701(g) of the Texas Code of Criminal Procedure establishes that this article does not apply to defendants who were convicted of:
- an offense under Texas Penal Code §§ 49.04-49.08, including driving while intoxicated (DWI), DWI with child passenger, flying while intoxicated, boating while intoxicated, assembling or operating an amusement ride while intoxicated, intoxication assault, and intoxication manslaughter;
- an offense the conviction of which requires registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, including continuous sexual abuse of young child or children, bestiality, indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, compelling prostitution, sexual performance by a child, possession or promotion of child pornography, prostitution, aggravated kidnapping, unlawful restraint, kidnapping, aggravated kidnapping, second indecent exposure violations, online solicitation of a minor, trafficking of persons, and continuous trafficking of persons;
- a felony described by Article 42A.054 of the Texas Code of Criminal Procedure, including first-degree felony criminal solicitation, murder, capital murder, aggravated kidnapping, trafficking of persons, indecency with a child, sexual assault, aggravated sexual assault, first-degree felony injury to a child, aggravated robbery, compelling prostitution, and sexual performance by a child.
Early termination of probation generally requires a defendant to satisfy all of the following:
- Fulfillment of all conditions of probation
- Satisfactory completion of at least one-third of the probation period
- Completion of court-ordered counseling or treatment
- Full payment of all restitution, fines, court cost, or fees
- No other criminal convictions
Effects of Early Termination of Probation in Texas
When a person was placed on deferred adjudication, early termination will release them from probation. Conditions imposed by the court are no longer applicable and there is no longer a need to report to a probation officer.
When 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 will sign an order discharging the person from probation and dismissing the proceedings against them, a prerequisite for non-disclosure.
Judicial Clemency in Denton County
When a person was on regular probation involving a conviction, a judge could set aside the verdict, allow withdrawal of a guilty plea, and dismiss the case. This is known as judicial clemency, or pardon.
Penalties relating to convictions will no longer be applicable. Charges dismissed through judicial clemency cannot be expunged but may be sealed.
Criminal records can still be used against defendants 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
Law Offices of Richard C. McConathy | Denton Early Termination of Probation Attorney
Do you or your loved need assistance getting your probation terminated early in Denton or another community in Denton County? Be sure that you are working with a skilled criminal defense lawyer.
The Law Offices of Richard C. McConathy understands the crippling limitations imposed by probation and can fight to get these restrictions removed. Call (940) 222-8004 or contact us online to schedule a free consultation.