Q: Not working on probation
One of the conditions of my probation was that I "find gainful employment." Since going on probation, I have been taking a class and I am also in the process of getting disability. My probation officer has not made me get a job and says nothing about it. They actually say nothing at all because I haven't heard anything from them in months (Since they put me on low risk). The last thing I was told is that I should be fine if I keep going to therapy and stay on my meds.
When I go to an early termination of probation hearing, will I get in trouble? Or, will the judge make me get a job? Will it affect my early termination of probation? It's really the only thing I have going against me other than that I was convicted of a violent felony.
I'm on low-risk status now, I haven't heard anything since February, I haven't got in trouble since, and it's been about 3 years since my situation occurred. I was off my meds when it happened and now I'm on my meds and getting therapy.
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A:
Under California law, the requirement to find gainful employment as a condition of your probation can be flexible, especially if your probation officer is aware of and has not objected to your current situation. Since you are taking a class and in the process of getting disability benefits, these activities might be considered constructive and fulfilling the spirit of the probation conditions.
When you go to your early termination of probation hearing, the judge will consider your overall compliance with probation terms, including your progress in therapy and staying on your medications. The fact that you have not had any recent trouble and are actively engaging in activities that contribute to your well-being and stability may weigh in your favor.
It's important to present a clear picture of your efforts and improvements since being placed on probation. Highlighting your adherence to therapy and medication, along with the educational pursuits and disability process, can demonstrate your commitment to rehabilitation. This can positively influence the judge's decision regarding early termination and the requirement to find employment.
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