Larry King Law - Law Note                                                                      By Larry King
 
   The Pre-sentence Report                

A significant aspect of a criminal trial is the Pre-sentence Investigative Report or PSI. If a defendant is found guilty of certain offenses such as a felony offense, he may be entitled to a Pre-sentence investigative report. Depending on the statutory requirements of a particular state or federal jurisdiction, a probation officer would thoroughly investigate the defendant's background, and report to the court regarding all relevant facts. This would include in part the defendant's adult criminal record and juvenile record. The primary purpose of the PSI is to advise a court of all relevant information so that the appropriate sentence can be imposed. The PSI can also dramatically effect proper placement at the Department of Corrections, probation, and parole

The Pre-Sentence report is prepared by a probation officer and details the defendant's background and character. It is prepared before the sentencing hearing. Information is obtained from a broad range of sources including the defendant, his family, the victim, police files, school records, and work records. Information in a PSI usually includes the following:

·        Criminal History
  
Juvenile adjudications
  
Description of the offense
   Employment background and history
  
Martial Status and History
  
Financial status
  
Residency
  
Educational background 
   Medical history and disabilities
  
Substance abuse history
  
Psychological or psychiatric history
  
Parole or Probation History
  
Victim Injuries
  
Victim's impact statement
  
Defendant's statement and views regarding his offence
  
Sentencing guidelines.
  
Evaluation of sentencing options 

At a sentencing hearing, the defendant has the opportunity to question the probation officer, and to present evidence regarding the accuracy of information in the PSI. This is a critical procedure and designed to promote the accuracy of the PSI information. Inaccurate or wrongfully suggestive information can have a profound impact on the sentence, probation, corrections placement, and parole. All defendants should be allowed to review with their attorney the PSI before their sentencing hearing date.. They should carefully note all errors, omissions and inaccuracies. Their attorney should be prepared to address any errors before or during court. If the court will determine if any challenge has merit and whether to take any challenged information into account. If the court rejects a defendant’s challenge,  it is important that their lawyer carefully note their objection to preserve sentencing errors that may be appealed. The PSI can be a critical element of a sentencing hearing. Experienced criminal defense attorneys should understand how subtle and inaccurate information can have a very negative impact on their client's sentence, correctional placement, probation, and parole.

Larry King is a former state prosecutor and has extensive experience representing those accused of a crime. He has over to twenty-five years of criminal defense experience. He has represented thousands of people for all types of serious criminal offenses and traffic matters. He urges everyone to obey the law and to respect law enforcement officers. He knows however that anyone can be wrongly accused of a crime. He understands his important role in protecting his client’s rights and liberty.  Mr. King earned his Juris Doctor law degree from the College of William and Mary in 1974. He is a member of the Virginia State Bar and is admitted to practice in state and federal Courts. This includes all Virginia State Courts, the Supreme Court of the United States, the United States District Court for the Eastern District of Virginia, and the United States Court of Claims. He is a member of the American Trial Lawyers Association, the Virginia Trial Lawyers Association, the National Association of Criminal Defense Lawyers, the Virginia College of Criminal Defense Attorneys, the Newport News Bar Association, the Williamsburg-James City County Bar Association, and the York-Poquoson Bar Association.   

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