In many cases, you may be able to request early discharge from probation after you have completed one-third of the probation period or two years, whichever is less. However, a judge is not required to consider your early discharge request until you have served at least two years or one-half of your probation period, whichever is more.
You have no right to early discharge, but if you meet specific qualifications, the judge may opt to grant you early release. On the other hand, the judge also can decide not to allow you early discharge, based on your circumstances.
In addition to having completed a specific amount of time on probation before you can ask for early discharge, you must be current in your required payments toward restitution, fines, fees, and costs. However, in some cases, you may have a better chance of obtaining early discharge if you have paid off all court-ordered restitution, fines, fees, and costs. You must have completed all court-ordered counseling or treatment and fulfilled all other terms and conditions of your probation. These terms can vary widely from one case to the next.
The judge can consider various factors in determining whether you should receive an early discharge from probation. For instance, the judge may look at your:
- Overall criminal history
- The seriousness of the crime
- Recommendations by your probation officer and prosecutor
- The extent to which being on probation interferes with your employment or financial situation
If you are on probation for a few serious crimes, however, you may be ineligible for early termination. Some of the criminal convictions that are likely to disqualify you for early discharge from probation include DWI and other intoxication-related offenses, murder, sexual assault, sex crimes involving children, and any felony in which the court found that you committed with a deadly weapon. Aggravated robbery, burglary, and some drug crimes also can make you ineligible for this form of relief.
If you or a family member is facing any criminal charges, we may be able to help. As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 474-4445 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.