What Is A Presentence Investigation Report

What Is A Presentence Investigation Report

You pleaded guilty or were convicted and probation office is preparing Presentence Investigation Report (PSR). The PSR is comprehensive document probation officer creates investigating your background and recommending sentence to judge. PSR contains: your criminal history, personal background (family, education, employment, health), offense conduct and role, victim impact, financial information, sentencing guidelines calculations, probation officer’s sentencing recommendation. Judge relies heavily on PSR when determining sentence – PSR is one of most important documents in your case. Errors in PSR can increase your guideline range by years. You have right to review draft PSR and file objections to any inaccuracies before sentencing.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We’ve reviewed hundreds of PSRs, filed objections correcting errors, and successfully challenged guideline calculations. Careful review of PSR and strategic objections can reduce your sentence significantly. Understanding what PSR contains and how to challenge it protects your interests at sentencing.

Contents of PSR

Offense conduct – detailed description of crimes, your role, how offense was committed. This section affects base offense level under guidelines. Victim impact – losses suffered by victims, number of victims, harm caused. Affects loss calculations and guidelines. Criminal history – all prior arrests and convictions, sentences served, probation violations. Each prior conviction adds criminal history points affecting guidelines category. Personal and family data – age, education, employment history, marital status, dependents, residence history. Health information – physical and mental health conditions, substance abuse history, treatment needs. Financial information – assets, liabilities, income, ability to pay fines and restitution.

Sentencing guidelines calculation – probation officer calculates base offense level, applies enhancements and reductions, calculates criminal history category, determines guideline range. Departures and variances – officer may recommend departures from guidelines based on unusual circumstances. Sentencing recommendation – officer recommends specific sentence within or outside guidelines. Supervised release and conditions – recommended term of supervision and conditions after prison.

How PSR Affects Sentencing

Judges rely heavily on PSR facts and recommendations. PSR establishes factual basis for sentencing, calculates guidelines, and guides judge’s discretion. Errors in PSR directly increase sentences – incorrect criminal history calculations, overstated loss amounts, mischaracterized roles in offense. Defense must carefully review every fact and calculation. Common PSR errors: incorrect offense levels due to misapplied enhancements, overstated criminal history from improperly scored prior convictions, inflated loss calculations in fraud cases, failure to apply guideline reductions defendant qualifies for, factual errors about defendant’s role or conduct.

Probation officer’s recommendation carries weight with judges who respect probation office’s judgment. If officer recommends below-guidelines sentence, judge is more likely to grant it. If officer recommends guidelines or above, defendant faces uphill battle for leniency.

PSR Process and Timeline

After conviction or guilty plea, probation officer assigned. Officer schedules interview with defendant (at detention facility if in custody, at probation office if released). Interview covers all PSR topics – officer asks about offense, criminal history, personal background, family, employment, finances, substance abuse. Be truthful but consult attorney first about what to say. Officer reviews case documents, interviews victims and witnesses, verifies criminal history, investigates background. Within 35 days before sentencing, probation office provides draft PSR to defense and prosecution. Defense has 14 days to file written objections to any errors or disputed facts. Prosecution files its objections.

Probation office issues addendum addressing objections – agreeing with some, rejecting others with explanation. Final PSR submitted to judge before sentencing. At sentencing, judge resolves any remaining disputed issues by holding evidentiary hearing if necessary.

How to Challenge PSR

Review draft PSR immediately and carefully with attorney. Check every fact for accuracy. Object to: incorrect factual statements about offense or your role, overstated loss amounts (support objection with documentation), criminal history errors (incorrect dates, offenses improperly scored, offenses that should be excluded), guideline calculation errors (wrong base offense level, improper enhancements, failure to apply reductions), failure to recognize mitigating circumstances warranting departures. File detailed written objections within 14-day deadline explaining errors and providing supporting documentation.

Probation office will respond. If they agree, addendum will reflect corrections. If they disagree, objection goes to judge at sentencing. At sentencing, be prepared to present evidence supporting objections. Burden is on objecting party to prove PSR is wrong by preponderance of evidence. Successful objections can reduce guidelines by offense levels or criminal history points, saving years in prison.

Todd Spodek has challenged PSRs throughout his career, correcting errors that would have added years to clients’ sentences. Careful PSR review is critical. When you’re facing federal sentencing, call 212-300-5196 for counsel who will thoroughly review your PSR and fight to correct any errors.