Q: If I'm trying to use my mental health diagosis to get off probation early, what circumstances would indicate hardship?

A: See attorney Arrasmith's missive. But understand that lawyers can't tell you how to break the law. It is always dependent on the DA on your case and the Judge who is making the final determination.

An argument that will work with one judge may not be persuasive to another so you need a lawyer that is very familiar with the DA and Judge to whom you are going to present your position.

A: To use your mental health diagnosis as a reason for early termination of probation, you would need to demonstrate that the terms of your probation are causing or exacerbating a significant hardship related to your mental health condition. Some circumstances that may indicate hardship include:

1. Inability to comply with probation requirements due to mental health issues (e.g., difficulty attending mandated meetings or treatment programs).

2. Worsening of mental health symptoms due to the stress and limitations of probation.

3. Interference with your ability to maintain employment, housing, or fulfill other essential life responsibilities because of the combination of your mental health condition and probation requirements.

4. Limited access to necessary mental health treatment or support due to probation restrictions.

To prove hardship, you may need to provide documentation from mental health professionals, such as:

1. A letter from a therapist or psychiatrist detailing your diagnosis, treatment plan, and how probation is negatively impacting your mental health and daily functioning.

2. Medical records or assessments that demonstrate the severity of your condition and the need for accommodations or modifications to your probation terms.

3. Documentation of any hospitalizations, emergency room visits, or crisis interventions related to your mental health.

It is important to note that nervousness and lack of confidence alone may not be sufficient to demonstrate hardship. You would need to show that your mental health condition is severe and that probation is significantly contributing to your inability to function in daily life.

Consult with your probation officer and an attorney familiar with criminal law and mental health issues in your jurisdiction. They can help you assess your situation, gather necessary documentation, and present your case for early termination of probation based on mental health hardship.