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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28366
Experience:  10+ years defending Misdemeanor and Felony cases.
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I got a dui 6 months ago, with 11/29 suspended sentence. I

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I got a dui 6 months ago, with 11/29 suspended sentence. I got a public intox 2 days ago. will this revoke my suspended sentence? what can i do to stay out of jail? will they find out? Im so scared, I am currently employeed. And have been good otherwise. Is there a way to gain leniency? Also Ive already done all of my dui penalties.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. In Tennessee, a person may be charged with public intoxication if he or she appears in public under the influence of alcohol or a controlled substance to the degree that the intoxicated person:
1)may be endangered
2)presents a danger to other people or property, or
3)unreasonably annoys people in the vicinity.
Public intoxication is a misdemeanor crime in Tennessee. (Tenn. Code Ann. § 39-17-10.) Seeing how you were on probation and had a suspended sentence and picked up a new criminal charge, you could be in violation and certainly have your probation revoked and be ordered to serve time in jail. That is at the discretion of the State and the Judge, if you are violated. If you are being supervised at this time, you would be required to report this, if asked. If you are not, then the State would have the obligation to perform their due diligence and check to see if you picked up and new charged, while under the suspended sentence. It is certainly a mitigating factor that you have complied with all the terms and conditions imposed but what could hurt you, is that fact that you allegedly picked up an alcohol related crime. Since you had a DUI and are still drinking, the court may not be very happy. It is possible to try and work out a plea deal, allowing your probation to be extended and to add additional terms and conditions such as some type of treatment or counseling for alcohol. Moreover, community service could be imposed. You also have a legal right to fight this and before you plea to anything, should have an attorney look over the facts of the case and see if this is worth fighting. If so and you prevail, it will not likely have any effect on the suspended sentence.
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Customer: replied 4 years ago.

Thanks alot. I took the plea onthe public intox. Not thinking... but, my probation is not monitored is it? What are the chances they will never find out same county

If you already took the plea, there is nothing you can do now but wait. If your probation is not monitored nor do you have to report, this may slip through the cracks. Typically, the suspended sentence is for a period of time and/or conditioned on something. If that time period or condition no longer exists, it is not an issue. The fact that it was in another county may help but if the State checks the NCIC, it will come up.