Monday, August 8, 2016

Pre sentence report in criminal case PSI prior to sentencing and recommendations



Presentence Report PSI

New Jersey Criminal Sentencing
Although the offense someone is charged with plays the biggest role in the judge’s determination of your sentence, there are numerous other factors to be considered. The majority of the information used in determining what type of sentence is appropriate for you is found in a Presentence Report. More info at http://www.njlaws.com/3-21-2.htm
 We provide our clients with a copy of the Presentence Report. After you read it carefully advise us in writing within 5 days of anything that is not accurate or needs correcting. The Judge will ask you on sentencing date are there any corrections or modifications.
 We also recommend our clients prepare a list of  (15) reasons why the judge should not give you the maximum penalties, fines or impose a jail sentence. At sentencing the judge will ask you "what do you want to tell the court”.
A presentence report is an investigative report provided to the judge that includes a wide array of information. The presentence investigation is typically done by a probation officer and may include the following:
• Criminal History
• Employment
• Family support
• Alcohol/Drug history
• Mental health evaluation
• Medical history
• Personal habits
• Finance history
Ref: NJ §2C:44-6
Arguably the most important piece of information on the presentence report is the court investigating officer’s recommendation. The officer will make their recommendation on the belief on the likelihood of your success on probation or whether they believe you would be best served by incarceration.
The judge is not required to follow the recommendation of the presentence report, though they will likely give the investigating officer’s professional opinion some consideration.

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