You’ve been found Guilty – What you do next will determine your future!

Preparation for The Presentence Interview (PSI) cannot be overstated, as your future depends on it.

The Probation Officer (PO), the court’s representative conducts The Presentence Interview (PSI), which is a detailed overview of your entire background. Your participation includes:

  1. Collecting medical records (hospital, laboratory, radiology, physician, surgical, prescription, medical devices) takes time, and they all have more important things to do (like patient care) than collecting charts for legal purposes.
  2. Other records: educational, military, character, community, and work references, original birth certificates, social security card, license, etc, you get the picture.
  3. The Probation Officer (P.O.), after interviewing the defendant (The Presentence Interview (PSI)), and doing their due diligence investigation, will draft the official Presentence Report (PSR) for the court (and judge), and likely recommend both sentencing and placement options.
  4. This is why the PSI is the best opportunity for your legal team to get their message on the record, and into the Presentence Report (PSR) / and before the court.
  5. Whether it is the BOP Placement request, or requesting that the court consider “relevant conduct”, and look beyond the offense of conviction to what actually happened – once the PSI is done, and the official PSR is drafted, getting it changed is a big ask.
    • This is reason 1 why getting it completed accurately the first time is essential.
    • Long before the P.O. meets with you, your attorney should ask the P.O. for their “dictation deadline”, or the date that the final PSR draft is due to their supervisor. 
    • Why, because, adding new content after that date is possible, but nothing is guaranteed. If there is new information, your attorney could request to email your P.O.;
      • the updated biographical material, so that they could then be entered into the appropriate categories.
      • This is why, in my opinion, it would be best for all, if the defendant’s background and defense strategies were organized and documented as it was handed to the P.O., before their PSI, so that the PO’s final efforts in drafting your client’s PSR could be completed on their 1st draft, saving them time, and effort.
        • Further, as they are overworked, with no time, some will actually appreciate your efforts.

For a consultation without any obligations on your part, I am easy to reach: 240.888.7778 (my personal cell) or email me at, info@PPRSUS.com.

 

How The Presentence Report Is Used

I) The judge uses it to determine the length of your sentence:

II) The BOP places you based on your;

  • Medical Need 
    • Does your client have a physical or mental impairment, drug or alcohol dependency issues; corroborate with their:
      • Doctors’ letters and/or report
      • Medical treatment record history (under seal, preferably via the Probation Office so that the information is appended to the Presentence Report so that it’s transmitted to the BOP).
    • Medical or Mental CARE LEVEL I-IV Need 
    • It provides for your Medical (and Mental) Healthcare Needs regarding facility placement
    • BOP Medications; there are approximately 3500, made available through 3 Tiers;
      1. On Formulary, these are available.
      2. Non-Formulary; these require a lengthy preauthorization process.
        • If applicable, should be addressed before the sentencing hearing in order to expedite their availability.
      3. Lastly, the specific medication may just not be available.
        • Here the legal team should consult with the treating physician to help identify whether there is a suitable medication option available through the BOP Formulary / Non-Formulary model. This list can be found online.
        • If no medication substitutes are available, this should be addressed before the sentencing hearing so as not to deviate from the standard of care within the community. 
  • Security Requirement 
    • Security levels and options range from:
      • Camps: either Minimum FPC or Minimum Satellite Camps, 
      • Security levels then range from:
        • Low,
        • Medium (and Medium USP),
        • High (and High USP), USP,
        • SuperMax, and
        • Administrative (which includes all levels).
      • Federal Medical Centers (FMC) Also, all security levels
  • Other Pearls;
    • The best way to influence a judge’s preconceived selection of a tentative sentence before the hearing’,
      • file your sentencing memorandum (approximately 1 week before the sentencing hearing)
        • using the §3553(a) factors to demonstrate and support why a sentence below the guideline range is “sufficient,
        • but not greater than necessary”, to achieve the goals of a fair sentence.
    • Additional recommendations,
      • include character letters (or videos) from people willing to offer insight into your (the defendant’s) true nature,
      • not diminishing the seriousness of the offense(s) and
      • apologizing to those you have harmed;
      • could go a long way toward achieving the sentence you want
    • In drafting a request for prison placement or designation,
      • specifically stating the reasons why you are making the request, and
      • then, framing your recommendations may become part of the court’s Judgment and Commitment (J&C) orders imprisonment section, and
      • together could lend itself towards BOP acceptance.
    • Copies of original document examples;
      • Highest education achieved,
      • Military Rank, Discharge Type,
      • Community service along with
      • Diplomas

Don’t let this be a missed opportunity!

PPRSUS is here to help

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