By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Can I Get Off Probation (Community Supervision) Early?
Yes, except for DWI cases.
What is the Soonest I Can Get Off of Probation?
You are allowed to get off of probation 1/3 of your time in for regular community supervision and the judge can terminate deferred adjudication community supervision at any time.
As a practical consideration probably no judge will allow you to terminate your probation prior to completing all of your requirements such as community service, classes, payment of restitution, etc.
Does My Probation Officer Need to Approve?
Practically speaking — it doesn’t hurt, but legally — no. The Judge has the final say. Many probation officers will act as if they are the ‘gatekeeper’ but in reality they are powerless to the extent the judge listens to them (or doesn’t listen to them as the case may be).
Some probation departments have a policy where they make no recommendation whatsoever for fear of recommending someone who ultimately re-offends (thus making them look bad).
How Do I Get Off Probation Early?
You can file a motion for early termination of community supervision or deferred adjudication and request to have a hearing before the judge. This can be done pro-se or with an attorney. The benefit of having a lawyer is it can typically be done more efficiently — and if there is any disagreement, the lawyer is in a better position to advocate for your early release.
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any situation you should contact an attorney directly.