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Barrister
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how do I petition the court for early dismissal of my deferred

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how do I petition the court for early dismissal of my deferred probation?

Hello,

 

The process in TX is to submit a motion asking for early termination of probation and place the matter on the court's calendar. Then the attorney/defendant will speak to the prosecutor and probation officer in an attempt to gather their support, and then argue the matter before the judge. The prosecutor must receive advanced written notice and has an opportunity to state any objections on the record. If early termination is successful, most judges don't require you to pay out probation fees into the future.

 

These motions are usually more successful if an attorney is retained to speak to the prosecutor and PO as they normally know them on a personal basis and will likely be more persuasive than a non-attorney defendant is.

 

 

Pursuant to Article 42.12. Section 20. Reduction or Termination of Community Supervision

(a) At any time, after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge. Upon the satisfactory fulfillment of the conditions of community supervision, and the expiration of the period of community supervision, the judge, by order duly entered, shall amend or modify the original sentence imposed, if necessary, to conform to the community supervision period and shall discharge the defendant. If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pleaded guilty, except that:

  1. Proof of the conviction or plea of guilty shall be made known to the judge should the defendant again be convicted of any criminal offense; AND

  2. If the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Texas Department of Human Services may consider the fact that the defendant previously has received community supervision under this article in issuing, renewing, denying, or revoking a license under that chapter.

Thanks.

Matt

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Customer: replied 6 years ago.
OK, that much I kinda already knew. Is there anyway that I, myself can do it? and if so what exactly do I need to do? I have since tranferred my probation to Reno, NV. I live out of state and would have to try and to this while living in another state. I have talked to some attorneys and the amount that they want to charge varies but no is willing to either give me my money back if they don't succeed or are willing to gaurantee anything. So, I would like to see what I am able to do on my own.

Sure, there is nothing that would prevent you from doing it yourself although your lack of professional familiarity with the prosecutor might hinder you with getting their approval.

 

Obviously the first step would be drafting the motion. The court will weigh and consider all the circumstances of the case. Some of the considerations are:

  • How serious was the conduct leading to the conviction?

  • Has the person completed all the terms and conditions of probation?

  • What is the extent (or lack) of the person's additional criminal record?

  • Is the probation preventing the person from gaining employment or other benefits?

  • What is the prosecutor's position on the matter?

  • Been an exemplary probationer, AND

  • Completed all of your community service hours, AND

  • Fully paid all fines and restitutions, AND

  • Met all conditions of probation: Including: community service, classes finished, AA's attended, and, etc.

.

.

Here is a sample form you can modify:

.

.

NO. (Cause No.)

THE STATE OF TEXAS

VS.

(Defendant's Name)

§

§

§

IN THE COUNTY CRIMINAL

COURT NO. _____ OF

DALLAS COUNTY, TEXAS

MOTION FOR EARLY RELEASE FROM PROBATION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (Defendant's Name), and moves for early release from probation and would show the following:

I.

On (date), the Defendant was placed on deferred adjudication for the offense of _________________, for a period of _____ years.

II.

Defendant has successfully completed one-third of his probationary period and is therefore eligible for early release.

III.

Defendant has satisfied all terms and conditions of his probation. All fines and restitution have been paid and all community service has been preformed.

IV.

Defendant is actively employed by _________________________.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion be granted.

Respectfully submitted,

____________________________________
(Attorney's Name, Address, Bar Card No.)
ATTORNEY FOR DEFENDANT (Name)

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Early Release from Probation was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of _______ , 200___.

____________________________________
Attorney's Name

 

.

.

You would simply put your name where the attorney's name is and "pro se" after it indicating that you are representing yourself. You also need to find out who the prosecutor was in your case for the certificate of service. You can add to this form additional reasons why the judge should grant your motion if you wish.

.

After you get it done, you would take it to the court clerk and file it for the judge's next motion hour. In the meantime, you would need to set up appointments to talk to your PO and the prosecutor to see if you can get them on your side or at least not actively oppose your motion.

.

The day of the motion hour, you basically show up nicely dressed in a suit if you have one, dress shirt and tie if not and wait to explain to the judge why he should release you from the probation. The judge will listen to both sides and make a decision.

.

Thanks.

Matt

.

.

I hope you have a better understanding of your legal issue. If the information given answered your question, PLEASE CLICK THE GREEN "ACCEPT" BUTTON NOW, so that I receive credit for my work. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.



Edited by Matt on 4/5/2010 at 8:54 PM EST
Customer: replied 6 years ago.
Wow! that is perfect and exactly what I was looking for! Thank you, XXXXX XXXXX other problem and one more question if I can. Problem: I live in Reno, NV right now. Do I HAVE to show up in court? or how do I do this from here. other question is once this is complete are there any other steps I need to take to make sure that this comes off my record because it is Deffered?

Yes, you have to appear personally if you don't have an attorney represent you.

 

No, if it is approved, the judge would enter an order that you have satisfied the requirements and dismiss the case.

 

Thanks.

Matt

 

 

I hope you have a better understanding of your legal issue. If the information given answered your question, PLEASE CLICK THE GREEN "ACCEPT" BUTTON NOW, so that I receive credit for my work. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. f

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