Q: The lawyer says that Probation is out of the question what does that mean
The lawyer wants to go before the judge and not a jury
Some crimes like murder don't allow for the possibility of probation from a jury.
Some crimes are so offensive to a jury that there is no way if they convict that they will give probation, but the judge might have a different perspective and might either give deferred adjudication or less prison time if the person is convicted. An example is sexual assault of a child. If the jury believes the person is guilty it is very unlikely to give him probation. Some judges are tougher on these cases than others.
The lawyer most likely knows the judge's predispositions and can give you the best advice for how to proceed.
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