Early Termination of Probation Defense
Houston Probation Attorneys :: The Law Office of Matthew D. Sharp
Even though probation is preferred to incarceration time, it can still complicate one’s life a great deal. Just as an early release from prison is sometimes given as a reward for good behavior, an early release from probation is also given. Even so, it is not automatic, and it usually only comes with the intervention efforts of an early termination defense attorney.
The Motion for Early Termination
Early release from probation typically begins with a probation attorney filing a motion on behalf of a client. In this motion, the probation lawyer will lay out specific reasons as to why an early discharge from probation would be in everyone’s best interest. The matter will then be placed on the court’s docket, and when the right day comes, the matter will be argued in front of a judge who will then make a final determination.
When considering whether or not an individual should be released from his or her probation term early, the judge will take a number of factors into consideration, such as:
- The original offense
- The offender’s behavior while on probation
- Whether or not the individual seems to have already been rehabilitated
- Likelihood of that person breaking the law again
- The original probation sentence
Generally speaking, those who are usually successful at negotiating the terms of their probation are people who have committed relatively minor offenses and have followed the terms of their probation to the letter.
At the hearing, the judge may decide that the motion was warranted and reduce the offender’s probation accordingly. He or she might also determine that the matter should be looked at again at a later time and schedule another court date. The request could also be denied outright, in which case the defendant will likely have to serve out the term as originally ordered.
Should the request be approved, an order stating this will then be written. Once this order is submitted to the proper authorities, that individual would then be freed from the terms of his or her probation. Until all the steps have been finalized, a defendant is nonetheless bound to keep the terms of their probation agreement. They should continue to maintain a stellar record. If they violate the terms of their probation, the original order could then be revoked.
Let a Probation Lawyer in Houston, TX Help You
According to the Texas Department of Criminal Justice, an early release from probation can be an excellent way for those who have learned from their mistakes to get on with their lives. The Law Office of Matthew D. Sharp can be very helpful in ensuring these individuals receive a positive outcome. Schedule a free consultation with a knowledgeable probation attorney by talking to The Law Office of Matthew D. Sharp.