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Early Release

A person that is placed on probation, either regular or deferred adjudication probation may be eligible for early release. If the defendant has completed everything he was ordered to do when he was put on probation, he can hire an attorney and file a motion for early release.


The judge does not have to grant early release. It is totally at his discretion. It depends on the type of charge, the person's background, how he has done while on probation, and other factors. One key factor is the amount of time he has been on probation and whether it is straight probation or deferred adjudication. On straight probation he would have to do at least a third of the probation before he could file the motion.

On deferred adjudication probation, there is no minimum time prior to requesting early release.


If a defendant finds he has done everything he was ordered to do and is simply reporting to the probation officer, he should strongly consider getting an attorney and trying to get early release.


There are a number of benefits that come with early release. The first and most obvious is that he is not under the thumb of the state. In other words his liberty is not restrained. Another less obvious benefit is that if he is on deferred adjudication probation, he may be more quickly elegible to have his record sealed. Another benefit is financial. Probationer's usually pay around $60 monthly to the probation officer during the period of probation. Getting eary release saves this money.  


If you are on probation, call us and discuss your situation. You may be eligible for early release and may indeed be released from probation.


Call us at 1-800-6305985 for a free consultation.