Presentence Investigative Reports, PSIR, in Weld County Colorado Courts | Greeley Criminal Defense Lawyer
In Greeley and Weld County, sometimes Presentence Investigative Reports (PSIR), C.R.S. 16-11-102, will be requested by the Courts after the defendant has pled guilty or been given a guilty verdict. The PSIR provides a detailed report about who the defendant is, in order for the judge to make a suitable sentence. They don't want to severely sentence someone who made a mistake, but otherwise has been law abiding, church attending, soup kitchen volunteering their whole life. The maximum sentence is appropriate for violent and repeat offenders. At the same time, judges don't want to sentence too lightly for someone who is likely to reoffend, like a person who struggles with substance abuse and who has made no effort to break the habit or seek help. PSIRs are a tool that judges utilize to get a better understanding of the person they are sentencing, so they can make a more informed decision.
When are PSIRs / Presentence Reports Necessary in Weld County?
In Weld County, Presentence Investigative Reports (PISR) are necessary under the following conditions:
To clarify, a PSIR will be requested when someone has:
- plead guilty to a felony (aside from a class 1 felony)
- been given a guilty verdict during trial for a felony case
- been accused of a misdemeanor and the court has made a special order for a PSIR
A good summary of the issues is that the more complicated and serious the case, the more likely the need for a Pretrial Sentence Report. When a PSIR is requested in Weld County, The Probation Department will conduct investigate and write the report.
What is Included in a Boulder County / Longmont Presentence Investigative Report?
When a PSIR is requested in Boulder County and Longmont, a variety of information is included within the document to provide the judge a good scope of who the defendant is. The Presentence Investigative Report will include things like:
- Substance abuse assessment / evaluation
- Defendant's family background
- Educational history
- Employment record
- Past criminal record (including juvenile background)
- Any information indicating if the defendant has been convicted of Unlawful Sexual Behavior (C.R.S. 16-22-102 (9))
- An evaluation of alternative dispositions available for the defendant
- A victim impact statement
- Results of an actuarial assessment of the offender's criminological risks and needs
- Information regarding if the defendant would be suitable for a sentence that does not involve incarceration
- Appropriate conditions to impose if the defendant is sentenced to probation
- If the defendant is eligible to participate in restorative justice practices
- Mental / physical examination
- The time the defendant was imprisoned and awaiting trial for the resulting conviction
- Financial status
- Family history and status
- And anything else the Court deems important to know about the defendant
Additionally, the Probation Officer will also include their opinion on sentencing. They will look at the crime and the person who has been convicted, and they will make a sentencing recommendation to the judge.
Once complete, the PSIR is given to the judge days in advance, so they have time to read, process, and analyze it. A copy is also provided to both the Defense team and the Prosecutor team.
Sentencing Statements from the Prosecutor and the Defense Attorney in Windsor, Longmont and Dacono
Typically, the Prosecutor team is allowed to make the first statements in Windsor, Longmont and Dacono sentencing hearings. They can present testimony from victims, witnesses, reports, and other components that they believe will strengthen their final argument against the defendant.
The Defense attorney is then able to respond with our own arsenal of reports, character statements, family members, proof of treatment, proof of our client's accomplishments, and anything else of relevance and importance. The defendant is also able to make a statement on their own behalf. They can present any information as to why they should or should not be sentenced a certain way (i.e. arguing why they shouldn't be sentenced to DOC). We fight tooth and nail for the court to understand that one mistake does not define our client. We present all the information to prove that our client is generally law abiding and the criminal act was an isolated event.
Sometimes, the prosecuting team is able to respond, and the back and forth continues until the judge has heard everything they need.
Probation Department Bias in Greeley, Erie and Evans
In Greeley, Erie and Evans, probation department bias in the way information contained in a PSIR is conveyed to the judge, can influence how the judge feels regarding a defendant. Some judges are lazy, while others are really busy, and this influences the weight a judge will give the PSI Report. As experienced defense attorneys, we have noticed that the probation department tends to present the information about an accused person in a negative light. While this reveals their negative bias against our clients, some judges do not see this, because of their prior employment with the District Attorney’s Office. Because the probation department tends to align itself so closely with the prosecuting team, we always recommend that our clients:
- Act humbly and remorseful
- Be cooperative with the interviewer
- Be empathetic to the victim
- Never “victim blame,” not even if it is obvious and true
- Be timely for the interview
- Bring documentation that speaks positively of your treatment progress
- Assume EVERYTHING you say / do will be included in the PSIR
- Don't exaggerate your good qualities, bragging is not perceived well
- Don't talk too much
- Bring a character reference from your work
- Be employed – it is harder for probation or a judge to recommend jail if you are supporting yourself and others
A negative PSIR can really affect the outcome for a defendant at sentencing. Because of this, our lawyers always prepare defendants as best we can, since their freedom is on the line.