Federal Judge Offers Key Tip To Prepare For Sentencing Hearing

Описание: Federal Judge Offers Key Tip To Prepare For Sentencing Hearing

Too many defendants underestimate how to properly prepare for the probation interview (PSI or PSR—used interchangeably) and sentencing. Further, they do not understand how shrewd and strategic strategies could impact their outcome at sentencing and while they are in federal prison.

What is the probation report?

After a person pleads guilty the presentence investigation will be the next step. In federal cases, probation officers conduct these investigations to help sentencing judges and others evaluate the background of the person. The investigation culminates with an all-important PSR. The report will include recommendations, based on guidelines and the probation officer’s opinion. Sentencing judges will consider recommendations from the PSR when imposing sentence.

Besides the importance of the PSR for sentencing, people should pay close attention to the process because the report also will play a significant role in the person’s life if he is sentenced to prison. Information in the PSR influences how authorities classify the prisoner, when he will be released, and what level of liberty he will have after he gets out of prison.

To preserve rights and to self-advocate once inside, it’s crucial to understand everything about the presentence investigation before it begins. Best-practice preparations require a person to invest the time and energy to understand the process well before the sentencing hearing, or even the investigation begins.

If a defense attorney fails to stress the importance of the PSR, be wary. In prison, the PSR will be the main document administrators will use to make assessments, especially at the start of the journey.

• Case managers will use the document to consider the severity of the offense;
• Counselors will use the document to determine who can visit the offender;
• Educational administrators will use the PSR to determine whether the prisoner is required to participate in programs;
• Psychologists will turn to the PSR to see whether the individual is eligible for beneficial programs; and
• Medical personnel will turn to the PSR to determine whether the prisoner merits medical attention

Once the court accepts the PSR, it will follow the person until his journey concludes. If there are errors in the PSR, and the probation officer refuses to make adjustments, then it’s absolutely critical to ask the judge to address these errors in the Statement of Reasons, which we’ll describe below.

The probation officer will ask the person what he has to say about the offense. He’ll also ask about the offender's personal background. Among other things, the probation officer will ask about:

• Family history,
• Education,
• Criminal background,
• Employment history,
• Substance-abuse background (RDAP)
• Medical condition, and
• Financial status.

Probation officers have huge caseloads and it may feel as if they’re cynical. The investigator will interview the offender's family members, check the offender's school records, and obtain official records of the offender's previous legal problems. The probation officer also will speak with previous employers, check with creditors, and search for information to verify the offender's statements about his medical condition.

A person may reserve his right to remain silent during the investigation. But if he chooses to communicate, he should understand that any lies or attempts to mislead the probation officer could result in a longer or more severe sentence. We recommend honesty and good preparation before the PSR interview.

We urge defendants to prepare the sentence-mitigation strategy long before the PSR interview, and to provide as much documentation as possible to the probation officer. By giving the officer the personal narrative, the person makes the probation officer’s job easier. He may cut and paste entire paragraphs or pages into the report. This strategy allows the person to influence a document that will prove enormously influential while the person serves his sentence.

Those who’ve pled guilty should understand that the probation officer has the authority to recommend a significant downward adjustment from the sentencing guidelines. If the person convinces the officer that he provided a full and candid description of his criminal actions and demonstrates genuine remorse for his criminal behavior, the officer may recommend that the person gets credit for “acceptance of responsibility.”

To learn more about the PSR and sentencing go to www.WhiteCollarAdvice.com.

Justin Paperny

[email protected] - 818-424-2220
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