Experienced Attorney Advises Clients on Modifying or Terminating Probation in Texas

San Antonio firm represents probationers seeking early termination  

Probation is an agreement with the court to abide by certain conditions in lieu of incarceration following a criminal offense. This allows many accused individuals to continue their employment or schooling while taking measures to correct their behavior and pay their debt to society. While probation is preferable to a jail term, living with the conditions imposed upon you can be difficult. At some point, you might desire to achieve true freedom or seek a change because a shift in your circumstances has made compliance with existing probation terms very hard. When you find yourself in this situation, Kevin L. Collins, P.C. in San Antonio can help. Attorney Kevin Collins has decades of experience handling post-sentencing issues. He is a determined advocate for clients who need a modification or early termination of probation to get on with their lives.

Waiting period for an application for termination of probation in Texas

According to Article 42A.701 of the Texas Code of Criminal Procedure, you may not ask the court for a termination of your probation until you have completed two years or one-third of the sentence, whichever constitutes a shorter timeframe. This means that for probationary periods longer than six years, an applicant must wait two years. For sentences fewer than six years, the applicant must serve one-third of the assigned time. 

This article also requires the judge to review the probationer’s performance at this point of the sentence. The judge can then take the initiative to modify or terminate probation. However, these issues are often overlooked within the judicial system. Rather than relying on a busy judge to be proactive about your case, you should retain an experienced criminal defense lawyer to advocate for you. Additionally, you must be aware that convictions for some offenses make you ineligible for early termination. These include DWIs, sexual assaults and certain violent felonies.

Grounds for terminating probation in Texas

If you have served the required portion of your sentence, you can request a termination of probation based on the following grounds:

• You are not delinquent in paying fees, fines and costs associated with your probation.
• You have completed your court ordered counseling, classes or treatment.

The judge’s review of your case will include input from your probation officer and the prosecutor. If the judge decides against early termination, they will draft a decision explaining the reasons for the denial and advising how to correct the situation.

In these matters, a skilled criminal defense attorney can be enormously helpful. Attorney Kevin Collins can present evidence from your record to the judge, probation officer and prosecutor, pointing to your successes and explaining any perceived deficiencies. Even if the judge decides against ending your probation, he can urge the court to modify particular terms that are unreasonably burdensome given your circumstances.

Judicial clemency following termination of probation

Texas law allows a judge to go one step further, granting judicial clemency to a probationer. This exercise of discretion empowers the judge to withdraw your plea and/or set aside the verdict in your case. Judicial clemency has the legal effect of clearing you of guilt, so you can honestly state that you have not been convicted of the crime. Attorney Kevin Collins knows from experience what judges look for when considering this form of relief. He compiles all the available evidence to support this request and presents that information to the judge for consideration. 

Contact a Board-certified attorney for probation issues in Texas

Kevin L. Collins, P.C. in San Antonio represents clients seeking early termination of probation in Texas. Please call 210-598-8629 or contact the office online to learn about your legal options.