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The Importance of a Pre-Sentence Report

June 23, 2020 Federal Criminal Attorneys

A pre-sentence report is a formal report generated after interviewing the offender, the family of the offender, and the employer if any. The probation officer prepares the report after conviction to help the judge decide on the sentence based on the background of the offender. Due to its significance, a case cannot proceed without it, and it usually takes the probation officer up to six weeks to prepare.

The report is prepared with the intention of providing a set of facts for your case. This makes it possible for the judge to give a sentence that is commensurate to the offense. State judicial systems have their routine, but in federal cases, the report is of great importance in ensuring you receive a fair sentence. In this regard, it is advisable to be accompanied by your attorney during the pre-sentence interview.

The pre-sentence report is vital in different ways:

Reduces Backlog in Courts

It is the responsibility of the judge to determine an appropriate sentence. However, due to a large number of cases in the courts, it is hard for a judge to give the personal consideration you deserve when determining your sentence. The collection of necessary information and compilation of the pre-sentence report helps offset the burden of individual consideration. Besides, the report recommends the most appropriate sentencing, thereby keeping the courts from getting backlogged. Also, the report can work to your benefit because it considers the context and reduces the likelihood of receiving a harsh sentence.

Gives Information on Your Criminal History

Criminal history plays a crucial role in sentencing. Before sentencing, your past crimes are evaluated, and the information compiled in the pre-sentence report. The probation officer asks you questions about the crime, your personal and family history, as well as any previous criminal record or drug use. Also, the officer might ask you about your finances because it is important when fines form part of the sentencing process. The probation officer also investigates if you have any history of psychological problems. Even though most of the information collected is personal, you must give the proper context because cooperation at this stage is likely to earn you some leniency during sentencing.

Recommends Sentencing Guidelines

Most federal crimes have a suggested period of imprisonment. The duration depends on how severe the crime is and your criminal history. Considerations on the nature of the crime and criminal history help in calculating the period that you should serve in prison. The pre-sentence report includes the opinion and recommendation by the probation officer about what is suitable in your case. The recommendations are of great significance and help the judges to sentence you to either serve prison time or pay a fine.

Helps in Understanding the Impact of the Crime

At times, the probation officer speaks to the victims of your crime and records statements in the pre-sentence report on how the crime has affected them. The report provides the judge with details on how adverse the effect of the crime is on the welfare of the members of the public. For example, if you murdered a mother of a young child, the effect might be more adverse than if you had murdered a lady with no child. If the impact on the victims is so severe, according to the evaluation of the judge, there is a high probability that the sentence will be very punitive and harsh.

Wrap Up

The pre-sentence report is a document that informs the judge on how you should be punished. Your attorney and that of the victim can express dissent to the contents of the report. However, the judge gives the document so much consideration when making a ruling. The involvement of an attorney in the pre-sentencing stage of the case is as crucial as your cooperation and honesty. A skilled and experienced lawyer will help you gather crucial information, remind you of forgotten information, advise you on your rights, and ensure that the probation officer includes all information in the pre-sentence report. If you are friendly and cooperative to the probation officer when generating the report, you can be handed a lesser sentence. Therefore, you need to ensure that the officer includes all details of the crime that could work in your favor.



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