Can I Petition the Court for an Early Release of Probation in Williamson County?

1. Yes. According to Article 42.12 §20, of the Code of Criminal Procedure, a Defendant may petition the Court for early termination after completing one third (1/3) of the probation period or two years, whichever is less. However, a judge is not required to review the request until the Defendant has completed one half (1/2) of the probationary period or two years whichever is less. And then an early termination is still discretionary and up to the Judge and is not mandatory at all.

2. To qualify for early termination, the Defendant must:

A. Must not be delinquent in payment of any probation fees;
B. Must have paid all restitution, fines and court costs;
C. Must have completed all court-ordered counseling or treatment, including AA’s, NA’s meetings;
D. Must have completed all court-ordered classes, or educational programs;
E. Must have satisfactorily fulfill all the conditions of probation;
F. Must have completed all community service hours; and
G. Must not have been convicted of a disqualifying crime.

3. Recommendation:

When eligible, a person on probation should talk with their Community Service Supervising Officer to see if they approve or would not be opposed if the Defendant filed a Petition for Early Termination of Probation.

4. Disqualifying Crimes:

Probation may not be reduced or terminated for the following offenses:

1. DWI or other intoxication offenses under Sections 49.04-49.08 of the Texas Penal Code;
2. Murder, or Capital Murder;
3. Sexual Assault, or Aggravated Sexual Assault;
4. Aggravated Kidnapping;
5. Sexual Performance by a Child;
6. Aggravated Robbery;
7. Prohibited Sexual Conduct;
8. Possession or promotion of child pornography;
9. Manufacture or Delivery of a Controlled Substance Causing Death or Serious Bodily Injury;
10. Repeat offenses of Manufacturing, Delivery, or Possession of a Controlled Substance in a School Zone; and/or
11. Any felony with a deadly weapon affirmative finding.

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