As part of a conviction for a felony (sometimes for unsolved offenses and at the request of the judge), a judge usually orders a pre-conviction inquiry, or „PSI.“ A PSI grew out of what is commonly referred to as evidence-based practices – a movement in which judges wanted to make informed, evidence-based decisions when setting appropriate sentences for the accused. The practice of conducting ISPs has long been a typical step in federal admissions and judgments, and over time, states have begun to require them as well. Once the probation officer has collected all the information about the accused, sentencing takes place and, unless it is protected by some form of confidentiality, most of that information is shared with the court and the judge. The court then reviews the information contained in the PSI before pronouncing judgment and uses this information, as well as the evidence and arguments, when delivering the judgment to formulate an appropriate judgment within the guidelines of the plea agreement or legal limits. The court can and sometimes must order a so-called face-to-face inquiry, or PSI (Minnesota Statutes § 609.115). A PHI is carried out by a probation officer, social worker or psychologist from the probation service. After the investigation, the probation officer prepares a report on the accused, which is given to the court and lawyers about the case. Important. Even before an accused participates in an interview with PSI, they should undoubtedly meet with their lawyer to discuss what to say or, more importantly, what not to say.

Everything the defendant says will be in the report, and it is much more difficult to fix things after the fact than to plan them in advance. An accused must treat the probation officer with as much respect as possible, as he often holds the defendant`s freedom in his hands – no matter how frustrated the defendant may be with the situation. If alcohol or drugs were involved in the incident, the probation officer will also want to assess your past and current chemical dependence. This can be as simple as asking how often you drink or take drugs, what you use, why you use, and how much you have used in the past. The probation officer will also ask for secondary contacts, usually at least two people you know well. You will then want to contact these people to try to verify the information you provided. They will then use this data, along with their own observations and research, to determine what level of chemical dependence programming is recommended. In any event, if ordered, a PSI generally lasts from 2 weeks to 30 days because accused persons are entitled to be sentenced within 30 days of a guilty plea. However, most defense lawyers will waive the 30-day requirement if they gather information for sentencing themselves. They are almost always conducted by a probation officer or a member of the probation service. The accused is always present, and sometimes (usually at the federal level and rarely at the state level) a defense attorney is also present. The probation officer collects information from the defendant and attempts to independently verify the information through third parties or outside companies or funds.

In practice, any conviction in a case that is above a misdemeanor (in some courts above a level six felony) and/or where there is a reasoned or established sentence where the defendant can or will be convicted at the Indiana Department of Corrections requires a PSI. Some judges are more lenient when it comes to allowing accused persons to plead guilty and waive the PSI requirement, but others are not. If you`re sued, you`ll likely hear a lot of legalese during your case. A face-to-face investigation report, also known as a PSI report, is just a legal concept you`ll hear about until your case is closed. So why is a PSI ordered and what is the process for this investigation? When your case starts, here`s what you need to know about the in-person report. A PSI report, also known as a face-to-face investigation report, consists of documents that allow a judge to determine the appropriate route to punish an accused in a court case. The report is prepared by a probation officer, social worker or psychologist from the probation service. This is usually a live interview with the accused.

The purpose of the PSI or PSR report is for the judge to have all the information necessary to determine the correct sentence for the accused. For this reason, the judge will review the report before the verdict hearing begins. Then they will use it to determine what is best for the victim, the defendant, and society. Now that you know who is conducting this investigation, it`s time to learn what`s in this report. In general, the presentation report should include details of the offence in question and information about the defendant`s criminal record. The PSI must also describe the respondent`s family history, education, employment history, military service, finances and health. In addition, it is often mentioned how the crime affected the victim and whether restitution to the victim or the victim`s family might be appropriate. The judge may, if necessary, request additional information beyond the above. Between the accused`s plea and conviction, a face-to-face review and interview with PSI takes place. In the event of an offence or serious offence, the court has the possibility to order the PSI, but this is not mandatory. However, in a criminal law plea, the court must order a PSI for the accused.

After the investigation, the probation officer gathers all the information and prepares a report on the accused, which is then given to the court and lawyers. Finally, the verdict is pronounced and the information is shared in court and with the judge (unless it is protected by some form of confidentiality). This detailed report informs about the judge`s decision on the accused`s sentence. In cases of domestic violence, PSI will address past and current issues related to anger management and abuse. As with chemical addiction, the probation officer may recommend a certain level of programming to address these potential issues.