Pre-Sentence Report (PSR)
If you enter a guilty plea in your criminal case, or if you are convicted by a jury, a U.S. Probation Agent will be assigned to your case to create pre-sentence investigation report (PSR).
This report will be used by you, your attorney, the United States Attorney’s Office and the Judge to look at the facts of your case, your personal history and financial condition, and your sentencing guideline range. You should review this report carefully and look for errors legally or factually that may be present and discuss this document with your lawyer in great detail.
According to Rule 32 the PSR is required to contain:
- Information about the history and characteristics of the defendant, including prior criminal record, financial condition, and any circumstance affecting the defendant’s behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant;
- The classification of the offense and the defendant under the guidelines, the kinds of sentence and range suggested for the case, and an explanation of any factors that may warrant a departure from the guidelines;
- Any pertinent policy statement of the Sentencing Commission;
- Verified information containing an assessment of the financial, social, psychological, and medical impact and cost to any victim of the offense;
- information concerning the nature and extent of non-prison programs and resources available to the defendant; and
- Any other information required by the Court.
The statute requires that the PSR be disclosed to the defendant, counsel for the defendant, and the attorney for the government at least 10 days before the date set for sentencing, unless the period is waived by the defendant.
The Defendant will be given the opportunity to comment on the report and introduce testimony as to any factual inaccuracy found in the pre-sentence report. An opportunity will also be given to the Defendant to object to any of the issues in the report; however, objections are handled at the sentencing hearing itself.
The U.S. Attorney’s Office is also allowed to review the pre-sentence report and file any objections they may have to the report. At sentencing, the District Court Judge will rule on all objections and calculate an advisory sentencing guideline range.
We know how the system works and have the experience you need to protect your rights. For an aggressive, well planned defense, contact the criminal defense attorneys at the Strom Law Firm, LLC for a free consultation today. We offer flexible payment options and accept Visa and Mastercard.
