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 BOP federal prison designation, security level, 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 the Prison Consulting Group 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, if affects 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. PCG is an expert on BOP policies and programs and is tasked with positioning our clients with the best possible net federal prison sentence. Ideally, PCG 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.

PCG knows the type and extent of information that the probation officer asks for and requires in writing the PSR. Most PSI interviews, regardless of the federal district in which it is conducted, follows a very similar pattern and direction. PCG 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 and the documents you must provide allows you to prepare complete, truthful, and factual answers. There are no surprises.

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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. He 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. The client should never go to the Pre-Sentence Investigation Interview alone. Ideally, the client’s attorney and/or one of the PCG staff members should accompany the client to this very important interview.

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