Legal Question in Criminal Law in Tennessee
I am on 6 years felony probation for the sale of a controlled substance under .5 grams with a diversion. After 2 years on probation, I violated by being charged with a DUI. I spent 42 days in jail (bond too high) and my diversion was taken. Now, two years later I have received another DUI. I will serve 16 days and be charged with a first time DUI. I was arrested for my 2nd violation and made bond. I have a good job, start college in aug, and have documented proof that i have not consumed drugs or alcohol in 6 months. Is there any alternative to jail time? Community corrections? House arrest?
1 Answer from Attorneys
Even a second violation of probation does not automatically mean that the Defendant must serve the balance of his sentence in confinement. Talk to your defense attorney ... you are correct that service of the balance of your sentence on Community Corrections is a possibility. Another possibility (since you apparently drink too much or at least drink and drive) is a resident drug and alcohol rehabilitation program, followed by perhaps Community Corrections, added public service work, etc.
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