Community supervision for criminal offenses in Texas takes two forms: straight probation and deferred adjudication. More than 380,000 adults are on probation in Texas. This article discusses early release from probation and deferred adjudication in Texas.
For most offenses, early release from probation or deferred adjudication is possible. However, you will not be able to get early release from probation if you are on probation for a 3g offense, any intoxication-related offense, or any offense that requires registration as a sex offender. It is possible, however, for a judge to place you on pro forma, or non-reporting, status for intoxication-related offenses.
If you are on straight probation, you are eligible to petition the court for early release in most instances after you have served 1/3 of your probated sentence term or two years, whichever is less. See Code of Criminal Procedure 42A.701. This 1/3 time review is discretionary on the part of the judge. Most judges require that you complete 1/2 your term before they will give your petition serious consideration. A half-time review is mandatory if an application is made. That does not mean that the judge is obligated to approve the application for release. If the judge denies your application, the court is required to give you a list of conditions you need to meet in most cases.
If you are on deferred adjudication, you can petition the court for early release at any time. However, you are much more likely to have the court rule in your favor if you have completed a significant portion of your term of deferred adjudication.
Early release of deferred adjudication is governed by Code of Criminal Procedure Article 42A.111. It allows the judge to release individuals from deferred adjudication if the judge believes doing so would be in the best interest of society and the defendant. However, the statute specifically prohibits early release from any offense for which the accused is required to register as a sex offender.
|Aggravated sexual assault||22.021||1st|
|Aggravated sexual assault child||22.021(a)(2)(b)||1st|
|Aggravated sexual assault 65 years or older||22.021 (a)(2)(c)||1st|
|Aggravated kidnapping (only with intent to violate or abuse victim sexually)||22.04 (a)(4)||1st|
|Aggravated kidnapping with no sexual intent and victim under 17 years of age||20.04||2nd|
|Continuous Sexual Assault of a Child||21.02||25-Life|
|Burglary of habitation intent other felony||30.02 (d)||1st|
|Indecency with child (exposure)||21.11 (a)(2)||3rd|
|Indecency with child (contact)||21.11 (a)(1)||2nd|
|Indecent exposure (2nd) conviction||21.08||M|
|Kidnapping (victim under 17 years old)||20.03||3rd|
|Possession of child pornography||43.26 (a)||3rd|
|Possession promotion of child pornography||43.25 (e)||2nd|
|Prohibited sexual conduct (incest)||25.02||3rd|
|Sexual assault||22.011 (a)(1)||2nd|
|Sexual assault child||22.011 (a)(2)||2nd|
|Sexual performance child employed to induce/authorize||43.25 (b)||2nd|
|Sexual performance child to produce/direct/promote||43.25 (d)||3rd|
|Unlawful restraint victim under 17 years of age||20.02 (c)(1)||State Jail|
|Unlawful restraint exposes victim under 17 years of age to serious bodily injury||20.02 (c)(2)||3rd|
Family violence offenses are not prohibited from early release of deferred adjudication although practically it may be difficult to have a judge grant early release. Whether or not early release is granted, a family violence offense that has been deferred cannot be non-disclosed, even if there was no affirmative finding of family violence.
Before you spend money on an attorney to petition the court for early release, make sure you have done the following:
If the judge discharges a probationer from straight probation, the judge may set aside the verdict and permit the probationer to withdraw his or her plea, dismissing the accusation and releasing the probationer from all penalties and disabilities resulting from the offense. This is known as judicial clemency. For example, if a felony conviction is set aside that offense cannot constitute the predicate conviction required to sustain a conviction for felon in possession of a firearm. For individuals interested in restoring their right to bear arms, this is a very valuable proposition. A trial court retains authority to grant judicial clemency for only 30 days after discharging a defendant from probation.
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