Presentence Investigation Report in Federal Criminal Cases
If you're facing federal criminal charges, you will probably hear different legal terms as your case proceeds through the criminal justice system. For example, a presentence investigation report (PSI) is a common term you might hear until your case has been resolved.
Most federal defendants don't know why a PSI was ordered or what the presentence investigation process involves. After a guilty verdict or plea, the court requests the preparation of a presentence investigation report.
A PSI report, which is required in federal cases, contains information that a federal judge can use to help determine the appropriate punishment in a criminal case. It's used as part of the federal sentencing process and gives the judge a range of guidelines.
The PSI is a comprehensive document that delves into the defendant's background, character, criminal history, and other relevant information. This thorough investigation ensures that all aspects are considered in the sentencing process, providing a fair judgment.
The Presentence Investigation Report is a critical document that will impact anyone who has been convicted of a felony in the federal criminal justice system.
Our federal criminal defense lawyers have provided an outline below to help readers better understand the presentence investigation report.
What is the Process of a PSI?
Once a defendant is convicted of a felony in federal criminal court, the judge orders the probation department to prepare a presentence investigation report.
This document will contain a comprehensive history of the defendant, who is now a convicted felon. The federal probation officer will contact the defendant to schedule a meeting within 30 days after their conviction.
If the defendant was "out-of-custody" during the criminal process, the judge could allow them to remain free after their conviction, and the meeting would typically occur at their home.
If they were in custody, the probation officers would meet with them inside the federal detention facility. The probation officer could also start their investigation at the federal probation office or even in the office of the defendant's federal criminal attorney.
What is the Purpose of a Presentence Investigation Report?
One of the primary purposes of a PSI is to give the federal judge information about the defendant to impose sentencing. This is especially true when the judge has limited information about the defendant because their case never reached the trial stage.
Another primary purpose of the presentence investigation report is to provide documentation to the Federal Bureau of Prisons so they can decide where the defendant will serve their period of incarceration.
It also helps them decide on granting early release through a halfway house and for how long. There is a section in the report called "acceptance of responsibility" where the defendant will tell their side of the story.
Typically, a defendant must acknowledge their guilt to qualify for a downward departure under the federal sentencing guidelines for accepting responsibility. Again, this section of the PSI assists the judge in determining a sentence.
What Type of Information is in the PSI?
The federal presentence investigation report will identify the following information:
- sentencing judge,
- federal prosecutor,
- defense lawyer,
- arrest date,
- indictment information,
- custody status,
- co-defendants,
- related cases, and
- other relevant information.
The PSI will also contain all the information about the defendant, including
- age,
- date of birth,
- social security number,
- education,
- address,
- family members,
- prior arrest,
- prior criminal record,
- mental health,
- substance abuse.
The address is necessary because the BOP typically designates a defendant to a facility close to the individual's residence. The report will also contain important information about the federal offense charged by the federal prosecutor.
If there are multiple defendants, then the defendant named on the PSI will describe their level of guilt of the offense.
The PSI will also have a victim impact statement showing how much restitution they are owed. Next, it will state whether the defendant obstructed justice and whether they have accepted responsibility for their crime.
The PSI will contain the defendant's prior criminal record, including any arrest that didn't lead to a conviction. Based on this information, they will receive a criminal history score to calculate where they land within the federal sentencing guidelines.
The report will also include information about mental health and substance abuse, which can be used as mitigating factors at sentencing.
If there are issues of substance abuse, the Federal Bureau of Prisons can use this information to determine eligibility for their Residential Drug and Alcohol Program (RDAP).
The PSI will also list education, skills, and financial information that will be used to determine the defendant's ability to pay restitution and fines.
Finally, the PSI report includes program and condition options for the federal sentencing judge. It recommends relevant sentencing options, including incarceration, supervised release, probation, and fines.
Contact Our Federal Criminal Lawyers for Help
The presentencing investigation report is crucial for a defendant at sentencing. You can't miss any meetings with the probation officer gathering information for the report.
Thorough preparation for the meetings with probation officers is crucial. They are highly experienced and know precisely what information is needed. How you answer their questions could substantially impact their recommendations to the federal judge for sentencing.
We highly encourage defendants to consult with a federal criminal lawyer to prepare thoroughly for their meetings with probation officers. To go through this process, you must be familiar with your federal criminal code and the sentencing guidelines.
Remember, the PSI report not only contains background information about the defendant and the case's stipulated facts but also gets into the federal sentencing guidelines scoring system.
After submitting the presentence report to the federal prosecutor and defense attorney, you have only ten days to file objections, typically focusing on the guidelines calculation.
The guidelines range and score in federal court are now advisory to the federal criminal judge. This means the judge must consider the guidelines before imposing a sentence. Eisner Gorin LLP is a nationally recognized criminal defense law firm. We represent clients against any federal offense throughout the United States.
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