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In felony cases, a presentence investigation report (PSI) is generally prepared by the Department of Corrections (DOC) to assist the judge at sentencing. The PSI is an important part of the sentencing process as it outlines a detailed explanation of the crime, the defendant’s history, and a recommendation to the judge on the defendant's sentence.
If you are awaiting sentencing, you need an experienced criminal defense attorney to evaluate your presentence investigation report. Your PSI is a critical factor in a judge’s sentencing. An attorney can evaluate the PSI for accuracy and possibly challenge any inaccurate findings or conclusions in court.
Hubbs Law Firm handles all types of felony cases throughout the Miami metropolitan area, in areas like Miami-Dade County, Hialeah, North Miami Beach, Doral, Homestead, North Miami, Miami Shores, and South Miami, as well as other cities and areas in the Greater Miami Area.
Contents of a Presentence Investigation Report
Under Florida Statute § 921.231, the following information should be included in a presentence investigation report:
- A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and additional terms of agreement; and, at the offender’s discretion, his or her version and explanation of the act
- The offender’s sentencing status, including whether the offender is a first offender, habitual offender, or youthful offender or is currently on probation
- The offender’s prior record of arrests and convictions
- The offender’s educational background
- The offender’s employment background, including any military record, his or her present employment status, and his or her occupational capabilities
- The offender’s financial status, including total monthly income and estimated total debts
- The social history of the offender, including his or her family relationships, marital status, interests, and related activities
- The residence history of the offender
- The offender’s medical history and, as appropriate, a psychological or psychiatric evaluation;
- Information about the environments to which the offender might return or to which the offender could be sent should a sentence of non-incarceration or community supervision be imposed by the court and consideration of the offender’s plan concerning employment supervision and treatment
- Information about any resources available to assist the offender, such as treatment centers, residential facilities, vocational training programs, special education programs, and services that may preclude or supplement commitment to the department
- The views of the person preparing the report as to the offender’s motivations and ambitions and an assessment of the offender’s explanations for his or her criminal activity
- An explanation of the offender’s criminal record, if any, including his or her version and explanation of any previous offenses
- A statement regarding the extent of the victim’s loss or injury
- A recommendation as to disposition by the court. It shall be the duty of the department to make a written determination as to the reasons for its recommendation. The department shall include an evaluation of the following factors: The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision, the ability or inability of the department to provide an adequate level of supervision for the offender in the community, and a statement of what constitutes an adequate level of supervision and the existence of other treatment modalities which the offender could use but which do not exist at present in the community
All information in the presentence investigation report should be factually presented and verified if reasonably possible by the one who prepares the report. If challenged on the issue of verification, the one who prepares the report shall bear the burden of explaining why it was not possible to verify the challenged information.
Find an Attorney to Evaluate your Presentence Investigation Report (PSI) in Miami-Dade County, FL
If you are awaiting sentencing, then you need an experienced criminal defense attorney to evaluate your presentence investigation report. Attorney E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. He can evaluate the PSI for accuracy and possibly challenge any inaccurate findings or conclusions in court. Hubbs Law Firm handles all types of felony cases in Miami-Dade County, Hialeah, North Miami Beach, Kendall, Doral, Miami Shores, Homestead, North Miami, and South Miami, as well as other cities and areas in the Greater Miami Area.
- § 921.231 F.S. -- Visit Online Sunshine, the official website of the Florida Legislature for the full statutory language regarding the requirements of a presentence investigation report (PSI).
Attorneys E.J. & Erika Hubbs
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