Can the judge change a suspended sentence and sentence me to jail instead, if I failed to complete my community service?

I pled guilty to public intoxication, 1st offense. I was given a sentence of suspended fine and 1 year “probation” and ordered to complete 50 hours community service and alcohol treatment. Due to unfortunate circumstances and my own stupidity I have failed to complete community service. It is due in 2 days.

Asked on June 25, 2012 under Criminal Law, Iowa


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

Answered 8 years ago | Contributor

The judge can extend your probation or give you a bit more time to complete your community supervision-- but this is up to his discretion.  He does have the option to sentence you up to 30 days in jail for non-compliance.  The fact that you completed the alcohol treatment and do not have any new offenses should help your plea for understanding.  In the end, it will be up to the judge to decide how harsh he wants to be.  If he does decide to impose jail time, you may want to inquire if they have a work release program so that you can still maintain your employment while serving your time on off days.

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