Can I see the report before going to court for sentencing?
Your attorney will receive a full copy of the report and will review it with you.
Can I talk to the officer if I think he/she has made a mistake?
We recommend that you discuss the presentence report with your attorney. While doing so you should point out any and all corrections you feel should be made and have the attorney report any misunderstanding to the investigating officer.
Will the officer explain the guidelines to me?
The investigating probation officer is allowed to discuss the guideline calculations in general terms only. It is the responsibility of your attorney to explain the calculations specific to your case with you and to object to any calculation that is thought to be incorrectly assessed. The presentence report will include an assessment of the guideline application and a recommendation to the court based upon that assessment. The probation officer’s recommendation as to sentence is not provided with copies of the presentence report because the sentencing judge is free to make an independent judgment and sentence.
Can I still provide information I think might change the report?
The probation officer is always ready to accept new information and provide it to the court. Understand that full information is expected from the beginning of the investigation. If this new information was available and avoided during the investigation, that fact will be known. If it is truly new information or honestly overlooked, then it is appropriate to provide it even after the report has been written. Discuss all information with your attorney to determine whether it is relevant to sentencing.
Who else will receive a copy of this report?
The presentence report is provided to the sentencing judge. Copies are provided at the same time to the defense team and to the prosecutor.
How will this report be used?
The purpose of the report is to provide the sentencing judge with thorough information about you so an appropriate sentence can be given. The prosecuting attorney and the defense attorney will use it to make sure the judge has accurate information for that purpose. During the hearing the judge will entertain suggestions and objections from both defense and prosecuting attorneys. If you are sentenced to a term of imprisonment the Bureau Of Prisons will receive a copy and will use it in determining the appropriate level of confinement.
Can my wife get a copy of the report?
The probation officer does not provide a copy to the spouse, however, the spouse may become privy to it if you grant access or if your attorney provides the information.