Texas Early Termination of Probation
Nearly 2 million Texans have accepted
deferred adjudication judgments for misdemeanors and felony
arrests and many more Texans have accepted regular or
"straight" probation for misdemeanors and felony arrests.
Many believe that once the probation period is over and the
charge dismissed that it will not be on their record.
Unfortunately this is not the case: the arrest, court and
the judgment of probation remain on your record and
available to the public to view. Even if you received a
deferred adjudication judgment, you record remains public
unless you are granted a Petition for Non-Disclosure through
the Courts.
Early Termination of deferred adjudication
is the first step in clearing your record and paving the way
for your records to be sealed.
Working to clear your criminal record is
valuable for any number of reasons. It affects your ability
to find and keep a good job, get a
certification/re-certification, rent an apartment, get a
mortgage or any other type of loan or gain acceptance to
school. Your record will influence any future criminal case
you might be unfortunate enough to have filed against you.
Certain convictions can increase what you pay for life and
health insurance.
What is Early Termination?
The Court, in its discretion, can order the
early termination of probation in many misdemeanor and
felony cases. You will then no longer be on community
supervision (probation). However, early release from
probation is entirely discretionary and not mandatory.
There's no way to force the judge to grant an early
discharge. Even if you have completed all the terms, if the
judge doesn't want to let you out of the remainder of the
probation term, you'll have to finish it. Most however
listen and try to reduce the term of the probation when
possible.
Benefits of Requesting a Reduction or Early Termination
It is important to minimize your record as
much as possible to reduce all the consequences, seen and
unforeseen. Early Termination of deferred adjudication
community supervision is the way to start the process for
your records to be sealed.
Probation on your record is better than a
sentence of imprisonment. A successful probation with early
termination is even better. A deferred adjudication is
better than straight probation. A reduction to a lesser
charge is always preferential to pleading to the charged
offense. Best of all, is a dismissal.
What is the Process?
Contact The Gilbert G. Garcia Law Firm
today!
One you hire us, we will (1) draft a motion
asking for early termination of probation, (2) place the
matter on the court's calendar, (3) speak to the prosecutor
and probation officer in an attempt to gather their support,
and (4) argue the matter before the judge. The prosecutor
must receive advanced written notice and has an opportunity
to state any objections on the record. If early termination
is successful, most judges don't require you to pay out
probation fees into the future.
How Soon Can I Request a Reduction or Early Termination?
In theory, if you were sentenced to deferred
adjudication community supervision (probation), the petition
for early termination can be made any time after probation
is imposed. But, a court typically will want the defendant
to serve at least 9 months to one year of misdemeanor
probation, and at least the first 18 months of felony
probation, before considering early termination.
If you were sentenced to regular or "straight" probation,
you must satisfactorily complete one-third of the period of
probation, or two years, whichever is less.
How Does The Court Decide Whether to Grant Early
Termination?
The court will weigh and consider all the
circumstances of the case. These include:
-
How serious was the conduct leading to
the conviction?
-
Has the person completed all the terms
and conditions of probation?
-
What is the extent (or lack) of the
person's additional criminal record?
-
Is the probation preventing the person
from gaining employment or other benefits?
-
What is the prosecutor's position on the
matter?
Who is Eligible for a Early Termination?
After you have served at least one third of
your original sentence, the Judge may consider a request for
early termination if you have:
-
Been an exemplary probationer, AND
-
Completed all of your community service
hours, AND
-
Fully paid all fines and restitutions,
AND
-
Met all conditions of probation:
Including: community service, classes finished, AA's
attended, and, etc.
Pursuant to Article 42.12. Section 20. Reduction or
Termination of Community Supervision
(a) At any time, after the defendant has
satisfactorily completed one-third of the original community
supervision period or two years of community supervision,
whichever is less, the period of community supervision may
be reduced or terminated by the judge. Upon the satisfactory
fulfillment of the conditions of community supervision, and
the expiration of the period of community supervision, the
judge, by order duly entered, shall amend or modify the
original sentence imposed, if necessary, to conform to the
community supervision period and shall discharge the
defendant. If the judge discharges the defendant under this
section, the judge may set aside the verdict or permit the
defendant to withdraw his plea, and shall dismiss the
accusation, complaint, information or indictment against the
defendant, who shall thereafter be released from all
penalties and disabilities resulting from the offense or
crime of which he has been convicted or to which he has
pleaded guilty, except that:
-
Proof of the conviction or plea of
guilty shall be made known to the judge should the
defendant again be convicted of any criminal offense;
AND
-
If the defendant is an applicant for a
license or is a licensee under Chapter 42, Human
Resources Code, the Texas Department of Human Services
may consider the fact that the
defendant previously
has received community supervision under this article in
issuing,
renewing, denying, or revoking a license
under that chapter.
Who is NOT Eligible for a Reduction or Early Termination?
The following offenses are not eligible:
-
Sex Offenses
-
DWI
-
State Jail Felonies
What Is the Difference Between Probation And Deferred
Adjudication?
Probation results from a guilty finding and
from a suspended sentence. Upon fulfilling the probation
requirements, you will not be sent to prison or jail.
In Deferred Adjudication, the Judge finds
that there is sufficient evidence to find you guilty, but
defers a guilty finding while s/he places you on community
supervision (i.e. probation).
In a regular/straight probation, the maximum
the Judge can sentence you in prison is the number of years
that you were given on probation. For example if you are on
a straight probation for a felony DWI and you received five
years sentence probated for 5 years, the maximum amount of
time you can receive in prison if you are revoked is five
years.
Will I Be Found Guilty From the Deferred Adjudication?
If you successfully serve out your deferred
adjudication, you will never be found guilty of the crime
with which you were charge. But if you fail, the Judge can
sentence you to any term within the range of punishment for
your crime. Texas law does not allow deferred adjudication
for some crimes, such as Driving While Intoxicated.
Can I get my records expunged if I successfully complete
Deferred Adjudication?
No. The law in the state of Texas does not
allow for records to be "expunged" if you have received any
type of court ordered supervision, including deferred
adjudication. However, after successful completion of
deferred probation for certain offense your record can be
sealed through an Order of Non-Disclosure.
Benefits of Choosing The Gilbert G.
Garcia Law Firm
-
You will be represented by a lawyer with
over 30 years of experience
-
Personalized payments plans available
and all major credit cards accepted
-
If you lose your job while your
case is pending, you owe nothing more!*
-
Fastest possible results
-
We serve ALL of Texas
-
Filing fees are included in our fee
structure
-
One call starts the process —
936-756-3333
-
We will write letters to potential
employers explaining your case – At no additional
charge!
*For a little Peace of Mind during this
Recession:
If, while your case is pending, you suffer:
involuntary unemployment, severe physical disability,
self-employed personal bankruptcy and/or catastrophic
casualty loss (loss of your home, business, etc.), then we
will forgive further obligation and represent you PRO
BONO-at no additional charge.
Should you
experience any of the above after signing a contract with
our firm, if you have made at least two timely payments,
(the initial payment and one additional payment) and are
current on your payment plan as detailed in your contract,
we will forgive the remainder of your contract and represent
you as if you had paid in full.
However, you may
still incur fines, fees and court costs from the state.
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GARCIA LAW FIRM WILL WORK WITH YOU DURING THESE HARD TIMES. |
