If you are on probation and trying to get a job out of state for the X-mas holidays, can you take the job,or does the probation office have authority over where you seek employment.

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If you are on probation and trying to get a job out of state for the X-mas holidays, can you take the job,or does the probation office have authority over where you seek employment.

Asked on November 15, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends on how your conditions of probation are worded.  Most general conditions are worded such that you can get employment anywhere, but you just have to let probation know of any changes in your employment status.  If your conditions are worded like this, then no, you don't have to get your probation officer's permission to get a second job-- just let him/her know of the change.

Some counties place limitations on employment options.  For example, some conditions include a restriction that a defendant cannot be at a location where alcohol is consumed or sold.  If you wanted to bartender through the holidays, then the part-time job would technically be a violation of your probation.  In this situation, you would need to get your probation officer's permission before taking the part-time job.

If you are on intensive supervision, then your conditions could be even more strict.  Some conditions for high level offenses do require advance notice and/or permission to do anything. 

In the end, it will depend on how your conditions of probation are worded.  If you don't have a copy of these conditions, go to the clerk of the court and get a copy.   If you're not sure of what they mean, then set up a consultation with the attorney that helped you with your case, or some other criminal defense attorney.  Considering that violating these terms can result in a revocation of your probation right before the holidays, it's really better to be safe than sorry.


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