What Is a Pre-Sentence Investigation?
If you have been convicted of a crime, the next step in the system is sentencing. An essential component of this step is the pre-sentence investigation. The information uncovered during this investigation can significantly impact your sentence, so it’s best to work with an experienced criminal defense lawyer who understands this process and can advise you on it. The Indianapolis defense lawyers at The Criminal Defense Team can guide you through this process and explain your legal rights.
Pre-Sentence Investigation Overview in Indiana
Judges in Indiana typically order a pre-sentence investigation after someone is convicted of a felony to help them make an informed decision when determining an appropriate sentence. They can also request pre-sentence investigations in misdemeanor cases with open terms. Pre-sentence investigations are common in federal courts, and many states have followed suit.
Pre-sentence investigations can vary from jurisdiction to jurisdiction. Some judges allow defendants to plead guilty and waive the investigation, while others do not. Some only require a pre-sentence investigation if the offense is above a Level Six felony or when the defendant can be sentenced to the Indiana Department of Corrections.
It is best to work with an experienced criminal defense attorney if you are subject to a pre-sentence investigation because anything you can say can be included in the report and potentially used against you. Your lawyer can prepare you for the interview and offer advice about what not to say during the process.
What Is the Purpose of the Pre-Sentence Investigation?
Pre-sentence investigations help the court obtain information about the defendant and the circumstances surrounding the crime to make informed decisions about the type of sentence to provide. They may also highlight factors the court was unaware of or that were not relevant at the time of determining criminal culpability but now matter for the purpose of sentencing.
What Is the Pre-Sentence Investigation Procedure?
Unless they waive this right, pre-sentence investigations must be completed within 30 days of a guilty plea. Defense attorneys can participate in this process and provide additional information that is relevant to sentencing that may help minimize the sentence.
A probation officer typically completes the pre-sentence investigation. They gather information from the defendant and others. They send their report to the court, the prosecutor, and the defendant’s attorney. Parties can object to any information they believe to be incorrect.
The court reviews the information before sentencing, using the information, evidence, and legal arguments to determine an appropriate sentence within the sentencing guidelines or the plea agreement.
Information Included in the Pre-Sentence Investigation
The pre-sentence investigation may include various information, including:
- Basic information about the court and defendant
- Details about the case
- Marital information
- Education details
- Employment information
- Emergency contact details
- Physical or mental limitations
- Substance abuse information
- Personal background information
- Family and social background
- Financial situation
- Victim impact statement
- Sources of information
- Previous criminal history
- Charging information
- Defendant’s statement
- Physical and mental health details
- Attitudes and behavior orientation
- Aggravating and mitigating factors
- Recommendation for sentencing
Call The Criminal Defense Team Today for Help with Your Case
When you hire the board-certified criminal trial specialists at The Criminal Defense Team, you get our dedicated support from start to finish. We work closely with our clients throughout every phase of the process. Call us today at (317) 687-8326 for a free case review.