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First offense, 3yrs and below sentence

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1 First offense, 3yrs and below sentence on Mon Feb 13, 2012 12:50 pm


Arresto Mayor
Atty I just want to ask, what if the court trial has ended and the accused was convicted and that was his/her first offense againts the law and the sentence is 3yrs or below 3yrs imprisonment. Can he/she still be imprison? or he/she can immediately ask for probation to the judge? Or the judge will automatically said that he/she will be under probation and will just need to report to the probationary officer?

thank you in advance

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2 Re: First offense, 3yrs and below sentence on Fri Feb 17, 2012 8:44 pm


it's not automatic, probation has to be applied for.

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3 Re: First offense, 3yrs and below sentence on Wed Feb 22, 2012 8:03 pm


Arresto Mayor
thank you atty for the reply, I just can't fully understand what you mean.

1. Does it mean that the counsel of the accused need to ask for a probation? If so,

2. Is it not 100% guarantee that the judge will approved the probation? (given the fact that the accused doesnt have any previous commited crime)

3. if the accused asked for the probation, can he/she will be put in jail until the probation was approved?(given the fact that the accused is on bail)

I apologized for so many follow-up questions, I just need this information because I'm just worried for my friend that has on going case and the maximum penalty of the crime is 3yrs.

thank you again atty.

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