In any event, if ordered, a PSI generally lasts from 2 weeks to 30 days because accused persons are entitled to be sentenced within 30 days of a guilty plea. However, most defense lawyers will waive the 30-day requirement if they gather information for sentencing themselves. They are almost always conducted by a probation officer or a member of the probation service. The accused is always present, and sometimes (usually at the federal level and rarely at the state level) a defense attorney is also present. The probation officer collects information from the defendant and attempts to independently verify the information through third parties or outside companies or funds. Contact our firm today to arrange a free consultation to get the legal advice you deserve. 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. 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.
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. Before the verdict is pronounced, the probation officer submits the PSI report to the court. The prosecutor, judge and defence counsel should all receive a copy. Sometimes it is submitted only on the eve or day of judgment. In some districts, the court requires the judge`s approval to share the PSI report with the defendant. 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 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. The court can and sometimes must order a so-called face-to-face inquiry, or PSI (Minnesota Statutes § 609.115). A PHI is carried out by a probation officer, social worker or psychologist from the probation service. After the investigation, the probation officer prepares a report on the accused, which is given to the court and lawyers about the case. Between the accused`s plea and conviction, a face-to-face review and interview with PSI takes place. In the event of an offence or serious offence, the court has the possibility to order the PSI, but this is not mandatory.
However, in a criminal law plea, the court must order a PSI for the accused. Now that you know who is conducting this investigation, it`s time to learn what`s in this report. In general, the presentation report should include details of the offence in question and information about the defendant`s criminal record. The PSI must also describe the respondent`s family history, education, employment history, military service, finances and health. In addition, it is often mentioned how the crime affected the victim and whether restitution to the victim or the victim`s family might be appropriate.