The Court, in its discretion, can order the early termination of probation in a misdemeanor or felony case. The court can do this at any time during the probationary period.
Sumpter and González assists clients in seeking early termination of probation. In such a case, we (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.
How Soon Can I Request Early Termination of Probation?
In theory, if you were sentenced to deferred adjudication 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 the first 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 of Probation?
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?