I have a son here in Tennessee that has been charged with Public…

Hello,

There is only one appropriate plea for a defendant to make when he is first arraigned on his charges and that is NOT GUILTY. That's the only plea that keeps all of his rights open. A defendant is allowed to do that because in this country every defendant walks into court presumed to be innocent unless/until proved guilty beyond a reasonable doubt.

That presumption of innocence is a very important right. Your son can always take that plea back and plead nolo or guilty when/if he has a deal in hand that he wants. However, once he does plead guilty, he may never be allowed to take the guilty plea back.

So, if he can afford a lawyer, he should have one with him on his first court date and plead not guilty. If he wants a deal, his lawyer can almost certainly get him one that will keep him out of jail and may even be able to get him a deal that would keep him from walking away with a criminal record. If he wants to fight the charges, his lawyer will be able to give him an idea of how good or bad the case against him looks before he firms up his decision. If he is only employed part time and cannot afford a lawyer, after he pleads not guilty he can let the judge know that he would be unable to hire counsel and to ask him to appoint a public defender.

These charges are misdemeanor charges. Your son may have been arrested while indoors but the acts that the police objected to were what they witnessed for themselves outside, the damaging his vehicle along with any disturbance of the neighborhood.

The offense he's being charged with is TCA 39-17-310, which is a C misdemeanor:

A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:


(1) The offender may be endangered
(2) There is endangerment to other persons or property
(3) The offender unreasonably annoys people in the vicinity

Any person convicted of public intoxication (T.C.A. 39-17-310) shall be sentenced and/or fined as a Class C Misdemeanor. [up to 30 days in jail and/or a fine of up to $50]
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Disorderly Conduct in Tennessee is also a C misdemeanor:

TCA 39-17-305:
(a) A person commits an offense who, in a public place and with intent to cause
public annoyance or alarm:
(1) Engages in fighting or in violent or threatening behavior;
(2) Refuses to obey an official order to disperse issued to maintain public safety
in dangerous proximity to a fire, hazard or other emergency; or
(3) Creates a hazardous or physically offensive condition by any act that serves
no legitimate purpose.
(b) A person also violates this section who makes unreasonable noise which prevents
others from carrying on lawful activities.
______

The others weren't arrested because they were not engaged in the same conduct that your son was arrested for and because (guessing here) they were all, like your son, old enough to drink legally.

Edited by FranL on 8/22/2010 at 2:52 AM EST