January 21, 2016

Asked 1/19/2016 – Bryan, TX

My husband is on probation for 3 years. In July he will have done 2 of the 3 years time. He has paid all fees, fines,restitution, and is paid up for the years of the probation monthly fees. Also he has done all of his community service and his apology letter to the victim. Could he be a candidate for early release even if they had to restart his probation after not reporting? In 2010 he was placed on but we couldn’t afford all the fines and fees so he quit reporting but once we were able to pay he turned himself in and they gave him five days in County and allowed him to start over like nothing happened since he did voluntarily turn himself in. Ever since then he has passed all drug test and completed all requirements set forth.

Answer

He MAY be eligible for early release. Some offenses are not eligible for early release. Have your husband talk with his probation officer My experience has been if the probationer has completed all the terms of probation and the probation department does not object, early release will be granted. If a motion to discharge probation is filed with the court, the Judge will request the probation department’s file, so see what his PO says, then proceed accordingly.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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