Contact our firm today to arrange a free consultation to get the legal advice you deserve. As part of a conviction for a felony (sometimes for unsolved offenses and at the request of the judge), a judge usually orders a pre-conviction inquiry, or “PSI.” A PSI grew out of what is commonly referred to as evidence-based practices – a movement in which judges wanted to make informed, evidence-based decisions when setting appropriate sentences for the accused. The practice of conducting ISPs has long been a typical step in federal admissions and judgments, and over time, states have begun to require them as well. If you`re sued, you`ll likely hear a lot of legalese during your case. A face-to-face investigation report, also known as a PSI report, is just a legal concept you`ll hear about until your case is closed. So why is a PSI ordered and what is the process for this investigation? When your case starts, here`s what you need to know about the in-person report. The purpose of the PSI or PSR report is for the judge to have all the information necessary to determine the correct sentence for the accused. For this reason, the judge will review the report before the verdict hearing begins. Then they will use it to determine what is best for the victim, the defendant, and society. If alcohol or drugs were involved in the incident, the probation officer will also want to assess your past and current chemical dependence.
This can be as simple as asking how often you drink or take drugs, what you use, why you use, and how much you have used in the past. The probation officer will also ask for secondary contacts, usually at least two people you know well. You will then want to contact these people to try to verify the information you provided. They will then use this data, along with their own observations and research, to determine what level of chemical dependence programming is recommended. This report shall be made available to the court and shall include a recommendation listing the sentence deemed appropriate for both the offence and the offender and, in particular, a recommendation for or against probation or probation. If the court or prison authority deems it desirable, the investigation shall include a physical and/or mental examination of the offender. The prosecutor may have the Department of Corrections investigate any person accused of a violent crime who admits guilt or fails to contest as part of or in exchange for an agreement for a violent crime. This investigation must be completed before the terms of the plea agreement are finalized. The court cannot approve the terms of a plea agreement without reviewing this investigation report to determine whether or not the terms of the sentence are appropriate for the offender and the offence.
This investigation report may not be used or taken into account in any appeal proceedings. Before imposing a sentence, the court must inform the accused, his lawyer and the prosecutor of the content and conclusions of this investigation report. The court must give the offender a fair opportunity to challenge the findings and conclusions of the reports at sentencing. If the defendant or prosecutor so wishes, the court must schedule a hearing to allow both parties to present evidence that supports or refutes a conclusion contained in a report that constitutes a hearing to mitigate or increase the sentence. In addition, PSI is not ordered in all cases – only in those in which the judge determines the sanction. For example, a PSI is not ordered if the sanction is to be evaluated by a jury or resolved by agreement. The current investigation usually consists of an interview with the accused, a criminal record review, and a review of the specific facts of the crime. The probation division or court prepares a report containing all this information and makes a recommendation to the court on the nature and severity of the sentence. The court always makes the final decision on sentencing, but it may be limited by federal and state criminal policies that set standard sentences based on the seriousness of the crime in question and the convicted person`s criminal record.
A criminal policy worksheet is often included in the PSI to help the court decide whether to deviate from the guidelines and increase or decrease the severity of the standard sentence. If the court requests more information than is available to establish the defendant`s mental state, it may order that the defendant undergo a psychiatric or psychological examination. A PSI report, also known as a face-to-face investigation report, consists of documents that allow a judge to determine the appropriate route to punish an accused in a court case. The report is prepared by a probation officer, social worker or psychologist from the probation service. This is usually a live interview with the accused. A present interrogation (PSI) is an examination of the accused that is conducted before the accused is convicted. It helps the judge determine the appropriate sentence. This usually happens when the defendant pleads blindly and falls between the time the defendant pleads guilty and the time they are convicted. Typically, it takes a few months for the PSI to be completed. Important. Even before an accused participates in an interview with PSI, they should undoubtedly meet with their lawyer to discuss what to say or, more importantly, what not to say. Everything the defendant says will be in the report, and it is much more difficult to fix things after the fact than to plan them in advance.
An accused must treat the probation officer with as much respect as possible, as he often holds the defendant`s freedom in his hands – no matter how frustrated the defendant may be with the situation. If you have any questions about your case or how the new laws may affect your situation, call our Indianapolis criminal defense attorneys at Banks & Brower 24/7 at (317) 870-0019 or email us at info@banksbrower.com. For those convicted of serious offences, a face-to-face examination (PSI) is being prepared. For misdemeanours and serious offences, the court may order the PSI, while in criminal offences, the PSI is mandatory. State and federal laws (18 U.S.C.A. § 3553(b) [1984]) establish requirements for PSI and are supplemented by federal and state rules of criminal procedure. The court then reviews the information contained in the PSI before pronouncing judgment and uses this information, as well as the evidence and arguments, when delivering the judgment to formulate an appropriate judgment within the guidelines of the plea agreement or legal limits. A PSI is an interview with a probation officer. This probation officer will want information about your background, including your criminal record, job, addresses, etc. They will also want to discuss the incident with you. They usually ask you to write your memoir of the events that led to the incident that led to the charges in your case.
They will also want to talk about the incident in person or by phone. For those pleading guilty to the crime, some feeling or remorse or taking responsibility during this part of the process is usually not a bad idea. If you have concerns about the current investigative process for your case, you need the help of a federal defence lawyer you can trust. In the law firm Kretzer und Volberding P.C. Together with the accused, we prepare PSI interviews and gather information that puts the accused in the best light. Searches conducted by court services or a probation officer on criminal record, education, employment and other information about a person convicted of a crime to assist the court in sentencing.