Probation can typically last anywhere from a few months to five years. In some cases, a defendant may be able to petition the court to terminate the probation early.
If you are looking to shorten your probation, the following requirements may help you determine your eligibility.
Before petitioning the court, a defendant must complete either one-third of his or her probation period or two years (whichever is less). The judge, however, can wait until the defendant has completed half of the probation or two years (whichever is more) before reviewing the request.
To be considered for early termination, defendants must:
- Pay off all fines, court costs, restitution and probation supervision fees
- Complete all programs ordered by the court as a part of the defendant's probation
Eligible individuals may be able to earn time credit for complying with the conditions of probation. Time credits can reduce the amount of time a defendant must be under community supervision. These credits may also prompt a judge to review a defendant's case for early termination.
The following individuals will not be eligible for early termination by law if convicted of:
- Intoxication offenses
- Sex offenses
- Defendants convicted of a felony
Some exceptions may apply.
Qualifying to apply for early termination is just the first step. The next step is getting the judge to approve your application. If you are interested in shortening your probation, you have the right to hire an attorney to petition the court on your behalf.