Monday, June 25, 2012

preparing For a Pre-Sentence Investigation Interview

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The Pre-Sentence Investigation (Psi) and the subsequent Pre-Sentence Investigation record (Psr) is without a doubt the most dominant and definitive document used by the Court in determining a defendant's federal prison sentence. The Psi is the defendant's "Bible", his life history as seen straight through the eyes of the probation officer authoring the record in concert with the Assistant United States Attorney, Ausa, prosecuting the case. Also being instrumental in determining his federal prison sentence, the Psi is vitally foremost with respect to Bop federal prison designation, protection level, custody level, work assignments, bunk assignments, furlough eligibility, restitution issues, society custody placement, inmate potential of life enhancements, potential to self-surrender, and admission into the 500-Hour Residential Drug Abuse program to name just a few.

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These are the very issues that each federal defendant must be vitally concerned about. The significance of the Psi cannot be overstated. It follows the defendant throughout his whole duration of federal prison incarceration. Anything who thinks the Psi is impartial, fair, and provides an correct unbiased accounting of the defendant is grossly mistaken.

The Pre-Sentence Investigation record is written by a Probation Officer working for the Federal Government. How can a defendant expect to get a fair and unbiased report? The Psi is often slanted against the defendant in favor of the government and the prosecution. It is not only the promulgation of the defendant and his attorney to make sure that any mistakes, inaccuracies, and untruths are corrected, it is their duty. All of these corrections must be completed prior to the Psi's final submission to the Court and the Bureau of Prisons. Unfortunately, many attorneys do not take the time and provide the scrutiny needful to fully correct a defendant's Psi. This may have far-reaching undesirable effects on the defendant's distance of sentence, program eligibility, premise designation, protection level, eligibility to self-surrender, and so many other factors that an inmate faces every day in federal prison.

The explication to this dilemma is for the defendant to hire person who is very knowledgeable in Federal Prison issues, programs, policies, procedures, and who has de facto experienced life in a federal prison. The defendant should hire person who has de facto gone straight through the whole process. This is person who knows the "ins" and "outs" of the federal prison system. The explication is to hire a competent, experienced, and knowledgeable Federal Prison Consultant. A competent Federal Prison counselor will get ready the defendant for the all foremost Pre-Sentencing Investigation Interview and even accompany him if his attorney cannot. It is vitally foremost that the defendant does not go alone to this interview.

The defendant must be knowledgeable, honest, have a complete operate of the facts, and not leave out any required information. The Probation Officer will ask for personal data including the defendant's full name, aliases, group protection number, date of birth, current and previous addresses, family history, healing history, educational history, degrees earned, schools attended and educational associations. He will ask about his professional associations, civic life history, civic organizations, corporeal and reasoning well being and substance abuse history detailing drug and alcohol use. He will ask about his current offense and will verify all that he is told. He will research any previous criminal history, Dui's, and even speeding tickets. He will research family relationships by talking to the defendant's sons, daughters, spouse, mother, and father. He will report relationships with therapists, clergy, professional and financial associates, and friends. He will want current financial data including all assets, bank and savings accounts, brokerage accounts, asset owned, cars driven, Ira's, 401-K's, enterprise ownership information, and enterprise partners among other things.

A good Federal Prison counselor knows the type and extent of data that the probation officer asks and requires in writing the Psr. It is all the time the same. Every Psi interview, regardless of the federal district in which it is conducted, follows a very similar pattern and direction. The data requested is all the time the same. A knowledgeable Federal Prison counselor prepares the client for this all foremost interview. They know what will be asked and they get ready their clients for those questions. The data that is given to the U.S. Probation Officer must be complete, truthful, and factual. Knowing in expand the questions you will be asked allows you to get ready complete, truthful, and factual answers. There are no surprises.

Life in a federal prison is hard enough. There is no guess to make it harder by allowing an inaccurate, incomplete, biased, and slanted Pre-Sentence Investigation record to be submitted to the Sentencing Judge and the Bureau of Prisons.

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