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THE SHEENA LAW FIRM
Attorney & Counselor at Law

 

Termination of Probation

Once all special conditions of probation or community control have been satisfied an attorney can motion the court to terminate the remainder of a person's probation or community control.  This is often referred to as Early Termination of Probation.  This is a relatively quick procedure and in most cases these are granted without objection.

Special Conditions of probation are those that the judge must announce on the record.  These can be community service, paying of fines, completion of counseling, completion of a class, etc.  These must all be done before probation can be terminated.  However, it is best to hire an attorney in advance so that the motion can be filed immediately.

Once probation or community control is terminated you are no longer subject to court sanctions and your probation or community control is over - the term of probation or community control ends. A trial judge generally has discretion whether to grant probation to a defendant. In accordance with that discretion, the trial judge is also entitled to modify, to reduce, or to terminate the defendant's probation.

The trial judge must exercise his or her power to alter or to modify the terms and conditions of the defendant's probation while the defendant is on probation. The trial judge cannot alter or modify the terms and conditions after the defendant's probation has expired, unless the defendant's probation has been extended.

A defendant is not entitled to a hearing regarding a trial judge's modification of the terms and conditions of his or her probation. The trial judge may eliminate some of the terms and conditions without a hearing. However, if the defendant seeks a modification of the terms and conditions, the defendant should file an appropriate motion.

After the defendant has completed the statutory amount of his or her probation, the trial judge can amend the defendant's sentence to conform to the amount of time that was actually served on probation and will discharge the defendant. However, the defendant must usually satisfy all the terms and conditions of his or her probation, such as the payment of all fines, court costs, and restitution, in order for his or her probation to be terminated.

If a defendant's probation is reduced or terminated, the defendant is released from all penalties and disabilities that result from his or her conviction. However, the fact that the defendant was convicted may be used against the defendant in any subsequent prosecutions or in any applications for certain licenses that are granted by a state, such as a child care license. Contact The Sheena Law Firm today to discuss your case.


Danny M. Sheena, P.E.

 
The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
 
(713) 224-6508 - Office
(713) 225-1560 - Fax
 

Email: Danny@Sheenalawfirm.com

 

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