The Pre-Sentencing Investigation (PSI) and subsequent Pre-Sentencing Investigation Report (PSR) is by far the most dominant and definitive document used by the Court to determine a defendant’s federal prison sentence. The PSI belongs to the accused “Bible”, her life story as seen through the eyes of the probation officer who wrote the report in concert with the Assistant United States Attorney, AUSA, who is prosecuting the case. In addition to being critical in determining your federal prison sentence, the PSI is vitally important regarding the BOP’s federal prison designation, security level, custody level, job assignments, bunk assignments, license eligibility, issues of restitution, community custody placement, improvements in inmate quality of life, the ability to self-indulge, and admission to the 500-hour Residential Drug Abuse Program, to name just a few.
These are the same issues that every federal defendant should be extremely concerned about. The importance of the PSI cannot be underestimated. It follows the defendant throughout his term of incarceration in federal prison. Anyone who thinks that PSI is impartial, fair and provides an accurate and unbiased explanation of the accused is seriously mistaken.
The pre-sentencing investigation report is written by a probation officer who works for the federal government. How can a defendant expect to get a fair and impartial report? The PSI often leans against the defendant in favor of the government and the prosecution. It is not only the duty of the defendant and their attorney to ensure that errors, inaccuracies and falsehoods are corrected, it is their duty. All of these corrections must be completed prior to the final submission of the PSI to the Court and Bureau of Prisons. Unfortunately, many attorneys don’t take the time and provide the scrutiny necessary to completely correct the defendant’s PSI. This can have far-reaching undesirable effects on the length of the defendant’s sentence, program eligibility, facility designation, level of security, eligibility for self-surrender, and many other factors that an inmate faces every day in a federal prison.
The solution to this dilemma is for the defendant to hire someone who is very knowledgeable about the problems, programs, policies and procedures of federal prisons and has actually experienced life in a federal prison. The defendant must hire someone who has gone through the entire process. He is someone who knows the “ins and outs” of the federal prison system. The solution is to hire a competent, experienced, and knowledgeable federal prison consultant. A competent federal prison consultant will prepare the defendant for the important pre-sentencing investigative interview and even accompany him if his attorney is unable to do so. It is vitally important that the accused does not go to this interview alone.
The accused must be informed, be honest, have complete control of the facts and not leave out any required information. The probation officer will ask for personal information, including the defendant’s full name, aliases, social security number, date of birth, current and previous addresses, family history, medical history, educational history, degrees earned, schools attended, and educational associations. They will ask about your professional associations, civic life history, civic organizations, physical and mental well-being, and substance abuse history detailing drug and alcohol use. He will ask you about your current crime and verify everything they tell you. They will investigate any prior criminal history, DUI, and even speeding tickets. You will investigate family relationships by talking to the sons, daughters, spouse, mother, and father of the accused. You will review relationships with therapists, clergy, professional and financial partners, and friends. You’ll want current financial information, including all assets, bank and savings accounts, brokerage accounts, home ownership, automobiles, IRAs, 401-Ks, business property information, and business partners, among other things.
A good federal prison consultant knows the type and scope of information that the probation officer requests and requires in writing by the PSR. It is always the same. Every PSI interview, regardless of the federal district in which it is conducted, follows a very similar pattern and direction. The information requested is always the same. A knowledgeable federal prison consultant prepares the client for this important interview. They know what will be asked of them and prepare their clients for those questions. The information given to the US parole officer must be complete, truthful, and objective. Knowing in advance the questions that will be asked will allow you to prepare complete, truthful and factual answers. There are no surprises.
Life in a federal prison is hard enough. There is no reason to make it more difficult by allowing an inaccurate, incomplete, biased and biased Pre-Sentence Investigation Report to be presented to the Sentencing Judge and the Bureau of Prisons.