The short answer is yes, with some exceptions. The rules vary depending on the type of probation and offense.
In Texas, a judge may discharge someone from deferred adjudication probation at any time before the expiration of the community supervision term. The court must find that it is in the best interest of society and the defendant.
Some people placed on deferred adjudication for sex offenses do not qualify for early termination. In particular, if you are on deferred adjudication community supervision for a sex offense committed on or after August 31, 1999, then early termination is not available.
Post-Conviction Community Supervision
In Texas, a judge can discharge someone early from post-conviction community supervision. This type of probation is sometimes referred to as “straight probation.” Once a probationer serves 1/3 or 2 years of probation, whichever is less, the court can order early release from probation. Again, this rule does not apply to many sex offenses or to intoxication offenses.
How to Request Early Termination?
In order to request early termination, you should consult with an experienced criminal defense attorney. Your attorney can file a motion with the court requesting early termination. Also, it is essential that you have completed all conditions of community supervision, have been compliant, and have satisfied your financial obligations (fines, court costs, probation fees, etc).
If you are interested in early termination from probation, please contact The Hardy Law Group, PLLC for a complimentary consultation.