Can you apply for probation if you have already filed and lost the appeal after conviction?
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Can you apply for probation if you have already filed and lost the appeal after conviction?
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I am making a paper on the different rules from different jurisdictions or jurisprudence (from all over the world) to know if probation can still be available if one has already filed and lost an appeal, in your country, that is. Please be kind enough to refer to me a link on such matters. Thank you very much.
Additional Details
please indicate your country/state. thanks
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Let_Justice_Prevail
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In TX/US and under TX law, a person may ask for probation at sentencing. If that is denied and the person is sent to prison he may petition the court for "shock probation" within 180 days of sentencing. If he appeals and loses he can only ask for shock probation if he is still within the 180 days. However since most appeals take longer than 180 days, the option is unavailable. Usually trial courts have 30 days from the date of judgment to modify their sentence unless the defendant timely files a motion for new trial and then the time is extended to 90 days. Judges lose the power to reform the sentences after the 30 days unless the motion for new trial is filed or the the application for shock probation is timely filed. |
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