For defendants in federal cases, an important part of the criminal sentencing process is the presentence investigation. The investigation becomes a report that helps the legal system determine anything from the length of a sentence to the facility where the sentence is served.
Who goes through a presentence investigation?
Anyone who enters a guilty plea or is convicted of a federal crime in a trial will be subject to a presentence investigation.
What is the purpose of a presentence investigation?
The purpose is to prepare a thorough report on the defendant and the circumstances surrounding the conviction. The judge and other people within the legal system then use the report to decide on the sentencing details.
Who conducts the investigation?
A probation officer from the U.S. Probation and Pretrial Services System conducts the investigation. They conduct the interview as a third party not connected with the defense or the prosecution.
What does a presentence investigation cover?
The initial meeting with the probation officer will generally consist of an interview with the defendant to go over the following information:
Additionally, the probation officer will seek information from other sources. According to the U.S. Courts website, this may include the prosecutor, law enforcement agents, victims, mental health and substance abuse treatment providers, and the defendant’s family members, associates, and employer. The officer will also review documents like trial transcripts, investigative reports from other law enforcement agencies, criminal history records, counseling and substance abuse treatment records, and scholastic records.
How should I prepare for a presentence investigation?
It’s important to take the presentence investigation seriously. The report created by the probation officer will be used for more than sentencing. The probation office will also refer to the report after your sentence to assess the risks you may pose and to determine specific rules for your post-release supervision.
The best way to prepare is to counsel with an experienced defense lawyer to go over the process, determine a strategy, and make sure you have all the correct details and information. Whether you purposely or accidentally give incorrect information during your interview, you will be held accountable. Keep in mind that trying to conceal information that may make you look bad could end up causing more issues later when the parole officer interviews other people and gathers official records with your information.
Does the PSI affect which facility I am sent to?
The presentence investigation report helps the Bureau of Prisons designate which institutions may be appropriate for you. This includes consideration for which institutions have prison programs that will be beneficial or necessary.
Can a defense lawyer help with my presentence investigation?
Though the presentence investigation is handled by a probation officer, the report is disclosed to the defendant, the defense attorney, and the prosecutor before sentencing. At that time, each party has the chance to comment and request changes. That is handled through a formal process established by the Federal Rules of Criminal Procedure.
This period between the investigation and sentencing can be crucial for making objections to the report and getting a fair sentence. The expert legal team at Brown, Bradshaw & Moffat can help you navigate the details of this process and get the best result.
Contact us today at (801) 532-5297 for a free consultation. We are ready to fight for your rights.
In Utah, automobile theft is classified within the broader theft and robbery laws. However, stealing a car has its own penalties. For example, stealing property that is valued between $500 and $1,500 is considered a class A misdemeanor and the punishment could be up to 364 days in jail and/or up to $2,500 fine. BUT if the property stolen is a car, even if its value is less than $1,500, the crime is automatically considered a second-degree felony. And that could mean one to 15 years in prison and up to $10,000 in fines. So, whether someone steals a 1988 Honda Accord or a 2022 Tesla, the punishment is the same. There is no differentiation in the law for the value of the vehicle. If you steal a car, you steal a car, and that’s classified as a second-degree felony.
Each year, the Utah Legislature meets for a legislative session that lasts 45 calendar days (starting in January and ending in March). During this session, hundreds of bills* to change the laws in Utah are proposed.
The Utah Legislature meets for 45 calendar days (starting in January and ending in March) each year for the legislative session. Hundreds of bills* are proposed to change Utah’s laws. While many of the bills proposed and laws passed don’t deal with criminal matters, we keep an eye on the ones that do and how they might affect the rights of Utahns who are charged with crimes.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
SALT LAKE CITY OFFICEDISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
