Do I Have to do a Presentence Investigation?
Criminal charges in Minnesota can come with a whole series of appearances including an arraignment, a pretrial or omnibus hearing, contested hearing, trial management conferences, a trial and more. However, if you are resolving a case short of trial or are found guilty at trial, there are some cases that actually require what is called a presentence investigation, sometimes called a PSI. If you are facing serious criminal charges in Minnesota, make sure you sit down with an experienced Minnesota criminal defense attorney.
“Knowing how to handle a PSI could be the difference between going to prison and going home.”
What is a Presentence Investigation (PSI) and why does it Matter?
The purpose of the PSI is to provide the Court with a report to give a broader understanding of the case. This report will include:
The original allegations based upon the police reports;
The Defendant’s version of events;
The Defendant’s background including prior record, family history, characteristics, alcohol and chemical use problems and amenability to domestic abuse programming;
Finally, the PSI will also include the impact on the Victim.
Most importantly, it gives the Defendant the opportunity to provide mitigation which may be critical.
When is a PSI Required?
Minnesota statute requires that a PSI be conducted and that a report be created and submitted to the Court in all felony cases and usually is required in other cases where victims have the right to participate. Some counties in Minnesota require them even on DWI cases. Again, it all just depends on the county. These can occasionally be waived but in other cases, not. . PSI are frequently when a Defendant is:
Convicted of any felony;
Convicted of any domestic abuse (this is broader than simply “domestic assault) related crime;
Originally charged with domestic abuse but convicted of another charges arising out of the original circumstances;
Convicted of a violation of a family or household member of a protective order such as a No Contact order, an Order for Protection or a Harassment restraining order.
What is Required to be in the Report?
The PSI requires that certain issues must be addressed within the report. The report must include:
A recommendation regarding the defendant in terms of sentencing;
A recommendation regarding the Defendant entering and chemical dependency programming and aftercare;
A recommendation regarding the Defendant’s contact with the victim including limitations of contact;
A recommendation for any other remedial measures that Defendant must take or justify why additional action is unnecessary;
Consequences for failing to abide by and fulfill all of the conditions ordered by the Court.
“How a Defendant handles a PSI is critical to how the Judge may perceive them at sentencing. Probation conducts the PSI are their perception may matter. Talk to a Defense Attorney. ”
If you are facing serious criminal charges in Minnesota that requires presentence investigation (PSI), having an experienced criminal defense attorney by your side may be critical. This is even more true if the the Judge has broad authority to sentence you. The difference could be between prison and going home.
Go with Experience
Jack Rice is a nationally known criminal defense attorney. He is also a former prosecutor, former CIA Officer and a Board Certified Criminal Law Specialis. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.