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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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