Applying for early release from a Texas probation
Texas probationers are sometimes told by the lawyer representing them on an original charge, “Don’t worry about how long this probation is, you can apply for early release”. (I know this, because I’ve heard it from so many folks, it’s apparently a common thing some lawyers tell their clients.)
Now, it’s true that you can apply for early release as soon as one third of your probation period is up. The statute covering early discharge itself (Article 42.12 Section 20 Code of Criminal Procedure, “Reduction or Termination of Community Supervision”) is contained within the lengthy probation statute.
The question most probationers want to know, however, is “Will the judge in my case let me off early, and if so, when?”, or “What do I need to do to actually be discharged from probation?”
Despite some potentially confusing language in the statute, let’s start with this: early release from probation is entirely discretionary, 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 probation term, you'll have to finish it.
Second, while the law allows for petitioning the court for release 1/3rd of the way through, most judges won’t grant a discharge that early. In Travis County, I’d ballpark the necessary length at somewhere between half and two thirds of the original probation term imposed before most judges will seriously consider letting you off early. Many times you hear a judge ask “You signed up for this long of a probation when you plead guilty. Why should I let you off without you completing your end of the bargain?”
Third, all conditions of probation (other than the length) must have been met: community service hours completed, classes finished, AA’s attended, monies paid, etc. As far as fees, fines, restitution and court costs goes, the only possible exception to that is some judges don’t require you to pay out the $62/month probation fees into the future. Then again, some do.
Finally, convictions for DWI, Sex Offenses, and State Jail Felonies are not eligible for early release.
No one should make a decision to accept a plea bargain in a case, on the basis of believing that they can automatically be granted an early release at some future time during the probationary period. Of course, it may be that X years of probation is truly the best deal that they can get, given the facts and circumstances of their case.
QUESTION:
DO CERTAIN CHARGES NOT QUALIFY FOR EARLY RELEASE OF THE PARTICIPANTS OF THE BEXAR COUNTY FELONY DRUG COURT IF SO WHICH.....KEEP IN MIND FELONY DRUG COURT UNDER JUDGE ERNIE GLENN
I am looking for the form to submit to the Texas Courts for early release.
I've completed all requirements but time (even offered to pay remainder of fees of probation) but was told that it had to be filed by an attorney.
Why cant I get the form and file it with the court system myself.
I am on probation for DWI 2 with child endangerment. I went through the SAFP program through TDCJ and have completed 2 years of my 4 year sentence. My probation officer tells me that my probation is deffered. When i was sentenced back in 05' my lawyer told me that they made a mistake and put me on deffered probation. Now here I am at half my time with all of my fines, community service, and classes current. What are my chances of getting off, and what do i need to do?
How do you apply for early release for probation?
My boyfriend recently got sentenced for a probation violation, he is now "waiting for bed to open" in the Travis County jail, is there a way to get him in quicker than the norm, or if not, is there a way to get him out in the meantime because he has a job, and he turned himself in, and informed his probation officier of his violation when it happened. He has shown that he wants to get this taken care of, he has already been in jail for a month waiting to get to court and now they tell him he has to wait for a bed to open.
I have the same question as :
Gary - January 15, 2008 11:03 PM
I am looking for the form to submit to the Texas Courts for early release.
I've completed all requirements but time (even offered to pay remainder of fees of probation) but was told that it had to be filed by an attorney.
Why cant I get the form and file it with the court system myself.
How do you apply for early release for probation?
was told that it had to be filed by an attorney.
Where can I get the form from, I have written the judge a letter but was told i had to file a legal form.
I have been found guilty for assult w\a motor vehicle and sentance to 5yrs deferd probation which i have now served more then 1/3rd of my sentance and completed all tasks required and fees owed. My Probation Officer tells me since i have finished I qualifiy for early reselease however its now been 2 months and she has not made an effort to take me off her office is a mess w\case folder stacked on the floor she lacks to be organized what should i do in this situation?