The PSI and your Pre-Sentence Interview Preparation

The Pre-Sentence Investigation (PSI) and the subsequent Pre-Sentence Investigation Report (PSR) is without a doubt the most dominant and definitive document used by the Court in determining a defendant’s federal prison sentence. The PSI is the defendant’s “Bible”, his life history as seen through the eyes of the probation officer authoring the report in concert with the Assistant United States Attorney, AUSA, prosecuting the case. Besides being instrumental in determining his federal prison sentence, the PSI is vitally important with respect to sentence reduction programs, BOP federal prison designation, security level, custody level, program placement, work assignments, bunk assignments, furlough eligibility, community custody placement, inmate quality of life enhancements, and admission into the 500-Hour Residential Drug Abuse Program. These are the very issues that Jail Time Consulting works with the defendant, his family, and his defense team to prepare him for. The importance of the PSI cannot be overstated. It follows the defendant throughout his whole period of federal prison incarceration.

The Pre-Sentence Investigation Interview, which determines in a large part, the Pre-Sentence Report, is the single most important interview that most defendants will ever participate in. It should be, it determines the length of his federal prison incarceration! The defendant must be knowledgeable, honest, have a complete control of the facts, and not leave out any required information. On the other hand, the majority of time used by most defense attorneys is interacting with the AUSA on behalf of the client. He is tasked with nailing down the best possible plea agreement for his client or preparing the best defensive strategy to support his client at trial. Defense attorneys normally focus on the plea agreement in respect to the non-mandatory, but highly used, U. S. Sentencing Guidelines. They are concerned with the gross federal prison sentence handed down by the Court. Jail Time Consulting is an expert on BOP policies and programs and is tasked with positioning our clients with the best possible net federal prison sentence.

The Pre-Sentence Interview preparation process is a critical step in the eventual determination of the client’s federal prison sentence by the Federal District Court Judge. It is important that it be done correctly, completely, and accurately. This is especially important since the PSR, intended as an impartial assessment of the defendant, is heavily weighted towards the government’s point of view. Our preparation and documentation prepares the foundation for any subsequent challenges to the content of the Pre-Sentencing Investigation Report by the client and his defense team.There may be items in the PSI that will negatively affect the inmate in program participation once he is incarcerated. Your attorney does not know what these items are. He doesn’t look for them. We do and we assist the attorney in trying to remove them. Remember, the Probation Officer authoring your PSI works for the prosecutor. The PSI is always slanted against the defendant. You need a professional’s help in making the playing field level. Ideally, Jail Time Consulting provides effective client positioning prior to the Pre-Sentencing Interview and Report resulting in significant benefits to the client and a lower net federal prison sentence.

Jail Time Consulting knows the type and extent of information that the probation officer asks and requires in writing 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. Jail Time Consulting prepares our clients for this all important interview. We know what will be asked and we prepare our clients for those questions. The information that is given to the U.S. Probation Officer must be complete, truthful, and factual. Knowing in advance the questions you will be asked allows you to prepare complete, truthful, and factual answers. There are no surprises.

The Probation Officer will ask for your full name, social security number, date of birth, current and previous addresses, family history, medical history, educational history, degrees earned, schools attended and educational associations. He will ask for your professional associations, civic life history, civic organizations, physical and mental well being and substance abuse history detailing drug and alcohol use. You need to know what to say and what not to say. There are specific words and phrases that will eliminate you from the drug program. You need to know what they are. The Probation Officer will verify everything that you tell him and will investigate any previous criminal history, DUI’s, and even speeding tickets. He will investigate family relationships by talking to your sons, daughters, and spouse. He will review relationships with therapists, clergy, professional and financial associates, and friends. He will want current financial information including all assets, bank and savings accounts, brokerage accounts, property owned, cars driven, IRA’s, 401-K’s, business ownership information, and business partners among other things. Jail Time Consulting thoroughly prepares you for this interview. We leave nothing to chance, ask our current and previous clients. Our timely preparation coupled with the REAPP Report is instrumental in providing accurate and complete information to our clients in preparation for this interview. In addition, the client should never go to the Pre-Sentence Investigation Interview alone. Ideally, the client’s attorney and/or one of the Jail Time Consulting staff members should accompany the client to this very important interview.