First offense, 3yrs and below sentence

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
jin

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

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.