Pre-sentence Investigations – Criminal Attorneys

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Pre-sentence Investigations and Reports

Pre-sentence investigations are performed for criminal judges who render sentences on convicted defendants, particularly those convicted of serious crimes. The investigative report is designed to assist a judge in weighing the circumstances of the crime and a defendant’s criminal and juvenile record and overall life situation to the severity of the sentence.

Pre-sentence investigative reports provide a uniform assessment of a defendant’s overall family, medical and criminal background. Offense circumstances are summarized, as well as statements received from victims and their families. Assessments of drug abuse history and the amenability to probation supervision and treatment are addressed. Financial conditions of defendants are considered, since most sentences involve a fine, penalty, restitution or reimbursement to a victim. Assessments of defendants' situations and their suitability for probation are also discussed. Reports generally recommend either prison or probation. Judges are obviously not bound by their advice, but their insight is essential in the criminal sentencing process.

Judges consider the degree of harm and hardship imposed on victims and their families. Mitigating factors or reasons explaining the crime in the light of a defendant’s past or present circumstances weigh against aggravating factors which are elements that speak to the severity of the crime. Prior criminal record weighs heavily, and is an indicator of a defendant's potential for rehabilitation based on his past history, as well as the risk posed for another crime if probation is ordered.

Rendering the Sentence

In most cases, sentencing judges have some discretion (choices) on how they will sentence convicted criminals within the parameters of their state’s criminal code. This discretion may extend to whether a defendant must serve time in prison, or receive a term of probation. Of course, a judge’s discretion may be limited if there is a plea agreement which contains a sentencing recommendation. Some crimes, such as a conviction for armed robbery or a sex crime, carry mandatory prison terms, where, the judge must sentence a criminal to prison for at least a minimum term.

Federal offenses are handled differently. Under the promise of "equal justice for all," the punishments associated with federal crime convictions are uniform throughout the country. Federal judges appointed by U.S. Congress are under the scrutiny of the U.S. Sentencing Commission and must strictly follow the guidelines established by the Commission. Check with a criminal lawyer for more information on federal sentencing guidelines.

Should I hire a Criminal Lawyer?

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