This is a difficult defense to make and will depend on your personal situation, but discussing your situation with an attorney can help you. The Department of Probation is required by the State to submit a Pre-Sentence Investigation (PSI) for any defendant who has been convicted of a felony or certain misdemeanors that result in 1) probation 2) incarceration for a term longer than 180 days or 3) aggregating consecutive sentences longer than 90 days. If your PSI recommended treatment programs to help rehabilitate you, and you have not had access to these programs or they are not complete, you may argue that certain violations should not be considered violations of probation. ![]() Sometimes, in violation of probation cases, a defense can be made in your favor using your PSI. A judge will rely heavily on the PSI to determine your sentence, so if you have objections, you should voice them before your sentencing hearing. If you are being charged with a crime, it is very important that you and your lawyer go over the PSI carefully. Your presentence investigation report is relied upon by the judge, so be thoroughly prepared for your probation interview. ![]() The defendant has the right to object to aspects of the PSI that are not true. The defendant gets the chance to look over the PSI before it goes to a judge. The officer gathers the police agency’s version of the facts and the defendant’s version of the facts regarding the underlying offense. In 2020, the Probation Department completed 45 PSI reports in 2019. A pre-sentencing investigation, or PSI, helps the judge determine whether a person convicted of a crime goes to jail or is allowed to remain free on. The PSI is an interview conducted by a specialized probation officer who along with a defendant’s attorney gathers as much information as possible to aid in a Judge’s decision on punishment.
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