Legal Question in Criminal Law in Michigan
I am currently on probation for misdemeanor false pretenses. One of the terms of my probation is to maintain full time employment, however my job I've had for three years is contingent and my probation officer has been okay with that. I typically worked 30 hours a week. I recently graduated with my masters and found another job that is part-time at 20 hours a week, and we rotate Saturday so every other week its 25 hours. There is potential to go full time in a few months. Currently I work both jobs by dropping my hours at my other (first) job. I would like to quit that job because it doesn't make me any money (I make 50 a day, my daycare is 40 a day and it costs me betwee 9-11 a day in gas. I literally do not make any money but I kept the job after having my son just so I wouldn't lose the daycare. Now that I have a job in which I make over twice as much money I want to quit. My question is whether quitting would constitute a probation violation. Can they force me to keep that job? Especially since I have another job?
2 Answers from Attorneys
Yes they can force you to keep the job. I think it's unlikely they will force you to work at a job that doesn't net you any money. Check with your probation agent. If that doesn't resolve the issue, have your attorney present the problem to your judge. The judge can overrule the probation agent.
www.AggressiveCriminalDefense.com
Mr. Kronzek's suggestions are good ones. It is best to "ask for permission, not for forgiveness". Talk to your probation officers and explain the options you have and why you want to go one route versus another. Make sure you know what the court defines "full time employment" as (it may be less than 40 hours / week, and if you're actually working say 20 hours/week but are in school other hours, or you're documenting efforts to find more work hours elsewhere the court will usually not sanction you). Don't quit one job without having another job in hand; don't burn bridges. The point of ordering you to maintain full time employment is so you are a productive member of society, you're paying your bills (including restitution, fines & costs, etc.), and your days are not idle. You've heard of the phrase "Idle hands are the devil's workshop"? Having a theft/fraud conviction makes it hard to be employed because you've created a 'trust issue', but YOU have been fortunate to overcome that.
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