Why Should the Pre-sentence Investigation Report Be Challenged?

While determining sentencing, the judge in your case will rely partially on the information in your pre-sentencing investigation report, which is otherwise known as a PSIR. Before this report is taken into consideration, it should be reviewed thoroughly by you and your St. Augustine criminal defense attorney. Inaccuracies in the report could not only affect the sentence that you receive, but they could affect your security classification if you have to serve time in prison.

How Is the PSIR Used?

The PSIR is used by the trial judge to arrive at the appropriate sentence. It is also used by prison officials to determine security classifications for prison. Depending on what is in the report, you may be sent to a minimum-security prison or to one with more extensive security.

Challenging Inaccuracies

It is crucial for you and your attorney to receive a copy of the PSIR well before sentencing occurs. That way, you will have enough time to go over it thoroughly. While reviewing the PSIR, you may run across inaccuracies. Even if these inaccuracies won’t affect the sentence that you receive, they could have an impact on your eventual security classification. For instance, the report may erroneously state that you were involved in violent altercations in the past, which could disqualify you from going to a minimum-security prison.

Through the Federal Rules of Evidence or the constitutional due process, defendants have the right to receive their PSIRs with plenty of time to review them with their attorneys. If your attorney receives the report and there’s not enough time to conduct a thorough review, he or she should request a continuance. It’s not unusual for unsubstantiated assertions from the prosecution to end up in PSIRs, and your attorney should tell the judge that you need time to review it.

In the event that inaccuracies are found, your lawyer should object in writing and provide plenty of details. Whenever possible, witness statements, trial evidence, and other supporting information should be included in the objection.

Protect Your Rights With Help From a St. Augustine Criminal Defense Attorney

If you’ve been charged with a crime, it’s crucial to obtain qualified legal representation. The St. Augustine criminal defense lawyers at Attorneys at Canan Law are ready to assist you. Contact us at (904) 849-2266 now to get started.

Categories

Hear From Past Clients

    He Earned My Respect & Trust

    “Andrew came highly recommended by a friend who is a lawyer. In the courtroom, he is incredibly prepared. In giving advice, he steers his clients down the right road. I feel like was looking out for my best interest.”

    - Chip S.
    Very Grateful

    “Everyone at Canan Law was friendly and hospitable. Attorney John Westfield was very professional. He listened very well and always had our best interests in mind. Most importantly, he was prepared in court.”

    - Markell F.
    Thank You For Everything You Have Done

    “Their entire team was very professional and knowledgeable about my specific case. They took time to explain in detail what they were doing every step of the way. I was EXTREMELY satisfied with the end result.”

    - Hamid B.
    I Couldn't Be Happier

    “A wealth of talent at this firm. Responsive and direct; they valued my time and money. My outcome was exactly what I expected despite the many changes that I presented them.”

    - Steve K.
    Very Pleased with Every Aspect

    “I was very pleased with every aspect of Canan Law. They walked us through a difficult situation and were available and courteous throughout. I felt they heard and understood me.”

    - Dana P.
/

The Firm You Can Trust

Put Our Team On Your Side Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.