Who is eligible?
The best explanation on early termination comes from the Texas Court of Appeals. The Texas Court of Criminal Appeals is “Texas’ highest court for criminal cases.” In 2021 the Court of Criminal Appeals said:
There are two types of early termination.
FIRST TYPE, there is early termination at the trial court’s discretion: A trial court may terminate supervision early for a defendant who ‘has satisfactorily completed’ at least two years or one-third of his supervision period, whichever is less.
SECOND TYPE, a trial court must consider early termination for a defendant, who has completed at least half his supervision period or two years, whichever is greater, and who has completed any ordered treatment or counseling and is up-to-date on required payments.
Early termination can be accelerated via “time credits” for certain offenders who fulfill various conditions of supervision or further their education.” State v. Brent, 634 S.W.3d 911 (Tex. Crim. App. 2021).
The key terms here are “may terminate” and “must consider.” These are discretionary terms- that means a defendant is not entitled to early termination. A defendant is entitled to the Judge’s consideration after two years. Early termination is an ask, not a right. This means a defendant needs the judge’s permission to be off supervision. If the judge believes the defendant has completed their other requirements satisfactorily, and if the judge believes it is in the community’s best interest to let the defendant off supervision, then the defendant can be released.
How does someone actually get off supervision?
A hearing before the trial judge is needed to determine if the defendant will be granted early termination. A hearing is scheduled after the court has received a “Motion for Early Termination” from the attorney. The motion should state the relief requested; state the particular law at issue; recite the defendant’s relevant facts; apply the law to the defendant’s facts; and finally ask for the relief requested. The motion itself should be a complete statement of the law and why you should get early termination.
Ideally, the judge should be able to make a determination from the motion. The hearing has a specific purpose- it helps the judge ask clarification questions, gather additional information from CSCD/Adult Supervision (Probation), ask the defendant questions, and solicit input from the state prosecutor. The state prosecutor also has the opportunity to submit a written response- either to oppose or agree. The hearing is also their opportunity to argue their position.
Do the prosecutors or Probation ever agree?
Yes, sometimes the prosecutor agrees that early termination is appropriate. Sometimes Probation agrees that early termination is warranted. Other times the prosecutor assigned to the case agrees, but her boss does not. One time, the supervising probation officer agreed, but the court liaison probation officer did not. But none of this matters- it’s up to the judge. It’s her prerogative and solely her decision.
How do time credits work?
The Texas Legislature has listed life milestones that can be used to decrease a defendant’s time on probation. These are some the time credits available:
- Paid court costs – 15 days
- Paid fines – 30 days
- Vocational or career education – 60 days
- Earned a diploma or degree – 120 days
These credits are only available to state jail felony and third degree felony defendants. There are limitations. Some crimes are not eligible for time credits. If a defendant is eligible for time credits, the judge will take the present day, add any approved credits, and compute an earned credit date. The new date will be one of the factors the judge will use to determine if a defendant is eligible for early termination. Tex. Crim. Pro. Art. 42A.702
Can you help me get early termination from Probation / CSCD / Adult Probation?
Give me a call today to find out if you are eligible for early termination. If we can move forward together, then first I will review your case. I will submit a detailed, accurate motion for your early termination. I will represent you in the hearing. You will be well-prepared for the hearing. Give me a call today to discuss your options.
This page is not to be construed as legal advice, rather it’s general information about Texas law.