As professionals in legal services, lawyers can provide legal aid and defense for defendants, including seeking probation. However, whether the probation can be won depends on the defendant's personal situation and the specific circumstances of the case, such as criminal facts, social harm, the defendant's guilty attitude, criminal record and so on. If the defendant meets the conditions of probation and the lawyer can provide sufficient evidence and defense materials, then the lawyer may win the result of probation. However, if the defendant's criminal facts are serious and harmful to society, or the defendant's personal situation does not meet the conditions of probation, then it is difficult for lawyers to get the result of probation. Therefore, lawyers need to fully understand the specific circumstances of the case, formulate corresponding defense strategies, provide sufficient evidence and defense materials, and strive for the most favorable results.
The conditions of probation include:
1. Minors whose criminal acts are not at the legal age of criminal responsibility;
2, was sentenced to fixed-term imprisonment, sentenced to less than one year;
3. There is a statutory lighter or mitigated punishment;
4. Have a guilty attitude and show repentance;
5. Have good personal performance and family and social relations;
6. No criminal record or minor criminal record;
7. Provide evidence in your favor;
8. You can ensure that you will not commit crimes again, actively participate in community correction, and complete the correction plan;
9. Other circumstances that meet the conditions of probation.
To sum up, the conditions of probation are not immutable, and specific judgments will be made according to different cases and criminal circumstances. If the defendant meets the conditions for probation, the lawyer may apply to the court for probation and provide corresponding evidence and defense materials.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC)
A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.