Early Termination of Deferred Adjudication
Nearly 2 million Texans have accepted a deferred adjudication judgement for misdemeanor and felony arrests. Many doing so with the belief that once the adjudication period is over and the charge dismissed that it will not remain on their record. Unfortunately, this is a common myth surrounding deferred adjudication. Even if you have received a deferred adjudication judgement, your record remains public unless you are granted a Petition for Non-Disclosure.
The first step to sealing your record entirely is to file a motion for early termination of your deferred adjudication. According to Texas law, you can request early termination at any time since there’s no minimum waiting period to be eligible unlike a standard probation sentence. If you are interested in terminating your deferred adjudication early, then it’s imperative you get in contact with an experienced criminal defense attorney as soon as possible.
Austin Attorney for Early Termination of Deferred Adjudication in TX
Terminating your deferred adjudication will make you one step closer to sealing your crime altogether. To learn more about the process and how to file for early termination, get in contact with The Law Office of Kevin Bennett. Attorney Kevin Bennett has extensive experience with representing clients interests in all types of community supervision hearings. He has an in-depth understanding of what makes a motion for early termination effective and can utilize that for your case.
Get in touch with Kevin Bennett by calling (512) 476-4626. From there, we will set up your first consultation free of charge. He can then answer all your legal questions and begin the process of filing for early termination. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Austin, Lago Vista, Sunset Valley, and Pflugerville.
Overview of Early Termination of Deferred Adjudication in TX
- How Does Early Termination of Deferred Adjudication Work in Texas?
- How Soon Can I Request Early Termination of Deferred Adjudication?
- What are the Requirements to Qualify for Early Termination?
- Additional Resources
How Does Early Termination of Deferred Adjudication Work in Texas?
Texas law grants judges the authority to terminate a deferred adjudication sentence early if they determine it’s within the best interest of society and the defendant has served the appropriate time. The determination, however, is heavily based on the judge’s discretion and a defendant has no written right to early termination of probation. Some examples of factors a judge may consider when deciding to grant early termination include the following:
- How serious was the conduct leading to conviction;
- Has the defendant completed all the terms and conditions of their deferred adjudication;
- What is the defendant’s prior criminal history or if one exists at all;
- Has the deferred adjudication preventing the defendant from gaining employment or pursuing other professional and personal goals;
- The prosecution’s position on the matter; and
- The opinion of the defendant’s probation officer
You can request a hearing to discuss the matter by drafting a motion for early termination of your deferred adjudication. The clerk will schedule it on the court’s calendar and on the date you and your defense can argue the matter before a judge. In many cases, the defendant will reach out to their probation officer and the prosecutor in an attempt to gather support beforehand. Nevertheless, the prosecutor will automatically receive advanced written notice of the motion and have an opportunity to state any objections on the record at the hearing.
How Soon Can I Request Early Termination of Deferred Adjudication?
Under a standard probationary sentence, the defendant must complete one-third of their sentence or two years, whichever is less. However, for deferred adjudication there is no minimum waiting period to be eligible for early termination. Technically, a defendant can pursue early termination on the first day of their community supervision. Although that is almost certainly a complete waste of time and money, it’s theoretically possible under the law.
The judge has total discretion when it comes to early termination. So how long your deferred adjudication will depend on the judge’s opinion of the case and the circumstances surrounding it. That is why having an attorney on your side with extensive experience writing motions can significantly help your case. A well-written motion with persuasive arguments in favor of granting relief could make persuade a judge to terminate your community supervision early.
What Are the Requirements to Qualify for Early Termination?
There are only a few requirements a defendant must fulfill to qualify for early termination. First, the defendant must have not been adjudicated or convicted for any crime during their community supervision. They must also have not been charged with an offense requiring registration as a sex offender such as sexual assault or possessing child pornography.
There are some actions a defendant can do to increase the chances of a judge granting early termination. These include, but are not limited to:
- Follow all terms and conditions listed in their deferred adjudication;
- Make all required court payments on a timely basis;
- Finish all court-ordered counseling, treatment or classes; and
- Complete all necessary service hours
Additional Resources
Deferred Adjudication | Texas Courts – Visit the official website for the Texas Courts to find more detailed information on deferred adjudications in Texas. Access the site to learn who is eligible for deferred adjudication, the court process for an order of non-disclosure and more.
Community Supervision Laws in Texas – Visit the official website for the Texas Code of Criminal Procedure and read their chapter on community supervision. Access the site to learn the different types of community supervision, how to request modifications and what happens if you violate your deferred adjudication.
How to End Your Deferred Adjudication Early | Lawyer in Travis County, Texas
If you’ve been following the terms and conditions of your deferred adjudication, you may qualify for early termination. Find out how you can finish your community supervision early by contacting The Law Office of Kevin Bennett. Attorney Kevin Bennett has years of experience under his belt he can utilize for your case. He will work tirelessly whether it’s writing a persuasive motion for your case or arguing on your behalf in court.
Call him now at (512) 476-4626 to set up your first consultation free. Kevin Bennett can assess your case to determine the possibility of early termination. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County including Lago Vista, Lakeway, Pflugerville and Austin.
