What Is The Pre-Sentence Investigation Report?
Why Is The Pre-Sentence Investigation Report Important?
WHAT SHOULD YOU DO?
- The court must permit you to review the PSI at a reasonable time before the day of sentencing. Insist that you see a copy of the Pre-sentence investigation prior to the day of your sentencing.
- Read it very carefully. Note any errors.
- Notify your attorney of all errors, and request that s/he notify the court of those errors. If your attorney fails to do so, you speak up at the time of sentencing.
- The court must rule on any challenges. If the court finds the challenge has merit or determines that it will not take the challenged information into account in sentencing, it must direct the probation officer to:
- correct or delete the information
- provide your lawyer with an opportunity to review the corrected report before it is sent to the Department of Corrections.
- If the court does not rule in your favor in making changes to the PSI,ask your lawyer to state (in court) that you would like to appeal that decision. If your attorney does not make such a statement,you should do so. The court record of intent makes appeal faster and easier.
- If you have not had time to review the PSI, tell the judge at the time of sentencing. Ask for time to review it. Remember, inaccurate information could cost you years.
- If you did not plea bargain to a less charge, be certain that the PSI does not indicate that you did.
- Do not underestimate the potential impact of negative information on the PSI.
- Inaccurate information could cost you years of your life…
- Inaccurate information could also result in improper placement and programming within the Department of Corrections.
- If the PSI errors are not found until after sentencing, the only way to correct it is to file for resentencing. That is a lengthy procedure with no guarantees of success.
- Though probation agents are required to verify material information before including it in the PSI, inaccurate statements are sometimes included in the document.
- Even if you have an acceptable plea bargain, the Department of Corrections uses information of the PSI. It is important that it be accurate.
- Be certain that all members of your immediate family, including anyone who raised you as a child, are listed in the PSI. You will not be allowed a sick-bed or funeral visit for anyone not listed in your PSI.
- The defendant is responsible for challenging the accuracy of the PSI.
- If you know of someone who is being sentenced, and who cannot read, be certain that someone reads the Pre-Sentence Investigation Report to the defendant. Be certain that s/he knows how important the document is.
Good Luck. H Michael.
Denver Colorado Criminal Defense Lawyer
Other Articles of Interest:
Subject Matter:Colorado Sentencing Law: The Presentence Report
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H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 29 Years.
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