What is a Pre-Sentence Investigation in Domestic Abuse Cases in Minnesota?
Anytime a domestic abuse case resolves, be it with a domestic assault conviction or a different charge arising out of the same circumstances, Minnesota requires that a pre-sentence investigation (PSI) is conducted. In most counties here in Minnesota, this means that after a plea to any charge, the Court schedules a separate sentencing date. In the meantime, probation conducts the Investigation and then submits a final report to the Court which would be used at sentencing on that separate date. If you are facing domestic assault charges in Minnesota, contact an experienced Minnesota domestic abuse or domestic assault attorney.
“The Sentencing is a critical piece of a criminal case and the PSI and the Defense response to it is critical.”
What is the purpose of a Pre-Sentence Investigation (PSI)?
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.
When is a PSI Required?
Minnesota statute requires that a pre-sentence domestic abuse investigation PSI be conducted and that a report be created and submitted to the Court. This is required when a Defendant is:
Convicted of domestic abuse (this is broader than simply “domestic assault”;
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 entering domestic programming and aftercare;
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.
“PSIs contain a lot of information but these are conducted by Probation. As a result, how a Defendant handles this interview is critical to the overall tenor of the Report. A Defense Attorney can help.”
If you are facing domestic assault charges here in Minnesota, it is critical that you sit down with an experienced domestic abuse and domestic assault criminal defense attorney. These charges are enhanceable and they can have a huge impact on your career, education, housing, relationships and life as a whole.
Go with the Best
Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor and former CIA Officer. Jack is also a nationally recognized and successful criminal defense attorney based in St. Paul, MN. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.