Who Is Eligible For Rule 35? If You Are Convicted On A Probation Revocation Can You File Rule 35?
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Not being an attorney, i do not think that you can file for a rule 35 on a probation violation/revocation.
if the action came more than 90 days after initial sentencing. Theoretically, having been sentenced and part of the sentence was probation, after the initial 90 days having been violated, you lost the right because of the time element, and you have been already sentenced, however if the determination or sentence of the violation is different than the original sentence, it might be possible to file on the new sentence. Of course the best advise is to talk to an attorney who would probably file the 35 anyway.
if the action came more than 90 days after initial sentencing. Theoretically, having been sentenced and part of the sentence was probation, after the initial 90 days having been violated, you lost the right because of the time element, and you have been already sentenced, however if the determination or sentence of the violation is different than the original sentence, it might be possible to file on the new sentence. Of course the best advise is to talk to an attorney who would probably file the 35 anyway.
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