I know that in Texas, they do not allow early termination of probation for DWI cases, but I am 3 months into a 1 year probation and I have completed all my community service hours as well as the classes I have to take. I have also paid off all of my fines and fees. Last week, I was also mistakenly arrested for a failure to appear warrant for the DWI case that the sheriffs department "forgot to clear." I feel like that should be grounds for something. Can anyone give me advice?
Criminal Defense Attorney
It sounds like you're on your way to making probation as easy as possible by knocking out all your requirements. Unfortunately, even with the warrant mistake, no judge can legally early terminate a DWI probation. Talk to your probation officer about that situation and maybe you'll get some sympathy points. Sometimes they will let you mail in report instead of meeting at the regional probation office.
Any answer provided is for informational purposes only, does not constitute legal advise, and does not create an attorney-client relationship. Consult a licensed attorney to obtain advise about your particular issue or problem.
2 lawyers agree
Criminal Defense Attorney
Sorry but the mistaken arrest won't help you with early termination of your probation. Since you have fulfilled all of your conditions of probation, your probation officer might allow you to report by mail for two or three months before having to report in person. Then you may be allowed to report by mail again for few months. If all goes well, you may have to appear in person only three times over the next nine months before your probation terminates. But this is not automatic. If your probation officer does not offer this to you, you can always ask.
Ramiro Estrada's answer to a question on Avvo does not create an attorney-client relationship. Furthermore, the answer is a general response to a general question, and is not given as advice and therefore no action should be taken in reliance of said answer.
DUI / DWI Attorney
It sounds like you already know the answer. No. The law does not allow for early release from probation on a DWI. You could sure the county for wrongful arrest if you could find an attorney to take the case. The best the judge could do for you is to convert you to an unsupervised probation. But they won't typically do that unless you're at least half way through your reporting period.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.