Does anyone know what happens if the presentence report is not ready by the court date? Will it get put off again? I've heard from my references that they have not even been contacted yet and it's only 12 days away! Thanks!

The presentence report may not include your references, that may be the job of your lawyer. Have you asked your lawyer about this ?

The woman doing the presentence report said at our interview that she would be calling them as part of preparing the report. I have letters of reference to give to the judge from the same people. I'm pretty sure she will have the report ready in time but maybe not in enough time for us to be able to review it. My lawyer said we would get copies of it before hand so that if we don't agree with anything in it we would have a chance to refute it. I'm thinking we won't have time to do that so hopefully she'll be fair. The interviews I had with her went well I think. She seemed sympathetic and some of her comments/questions led me to believe she wouldn't be too harsh. I doubt that it'll come in time for my lawyer to sway the prosecutor before court though.

Maybe you should ask your lawyer if the crown should have a copy of the references before court date.

My lawyer called me today from Winnipeg where he's doing a trial - he said he'd be back on Thursday. He still wants me to go to Victoria to see the shrink and is trying to set it up for next Wed. Now that is one day before my sentencing is supposed to happen which he says means that it will be put off until the report is in. I told him that the probation lady hasn't called my references and he was pretty choked. However, he said if THAT report isn't ready on time it'll be postponed. So at the moment I guess things are still all up in the air!! Grrrrrrr! I hope if they put if off they wait until after Xmas. It's so busy at the store and I'm trying to make up a schedule that can exclude me if need be but it's so hard!

We just went through the same thing with the psi report and my son's attorney said they have to have the report 14 days prior to the courtdate so that the attorney can go over the report with you because there can always be discrepancies that have to be corrected and sent back in. Don't get too excited about the "niceness" of the probation officer on the telephone interview...I did and she almost made me believe that my son would not get any prison time because she kept asking me if he could live with me and my husband should he be released. We submitted letters of reference to the judge however I am not sure that was not just a formality - it didn't change the sentence.

Thanks for the reply brad'smom. I hope that rule is the same in Canada as in the US. If it is - it's already well into the 14 days. And I know that the probation people are just doing their jobs and the way they talk to you really makes no difference. I'm sorry that your son didn't get to stay home with you. It must have been a huge disappointment!

They dont have the 14 day thing like in the states. Each province in Canada is governed by its own rules as far as pre-sentence report guidelines and time limits. I'm having a heck of a time trying to figure out what it is in BC, could you ask your lawyer what it is in British Columbia ? The only thing Im finding is the time limit if you were a minor which is not the case.
They have to give you enough time for your lawyer and yourself to review it and look for mistakes. It is not unusual for there to be mistakes in a pre-sentence report in the states as well as in Canada.

Just wanted to welcome you to PTO and wish you the best under the circumstances. PTO is a wonderful place full of kind, generous and knowledgeable people who will do their utmost to help and support you when they can.

Witchlinblue....

I would be interested to see any BC links that you have saved on your pc. I have bookmarked anything pertaining to my situation and if you have anything saved, I would love to see anything. Could you email or pm me with any links pertaining to provincial corrections in BC. I am constantly researching to read anything new.
Thank you
T

I will be posting info in the subforums in the Canadian forum. At the moment Im working on the projects by myself so it might take a little time but I will hopefully have them up soon. I welcome any information that anyone would like to tell me about in order to help me with anything dealing with sentencing, parole, probation, provincial encareration as well as federal.

Thank you for the welcome titantoo! I've certainly found the support here to be incredible! I feel like I'm part of a wonderful family and am trying to reach out and lend my support in return. When I first came here I never thought I'd be posting and look at me now! You can't shut me up! :)

My daughter got the call from probation today for the presentence report. She was asked when and how she found out about the charges, how she felt about it, did she support me, was she going to be in court with me at sentencing, whether there were drugs or alcohol in my home (apparently she laughed when daughter said mom gets a headache from one glass of wine!), what kind of a mom I am - had I been strict. (Another laugh when daughter said she'd never been in trouble so I hadn't had to be - but that's true!)
Also, I have heard from my lawyer twice in two days! A record! It's looking more like the sentencing will be put over. He's still working on getting me into the shrink in Victoria on Dec. 7 but barring that there is one in Van. that will see me the morning of the 7th - but either way their report will not be ready for the 8th. I should know tomorrow which one I am to see.

Well it sounds like typical last minute flurries on the part of courts and lawyers. They never seem to realize how much we all worry. I really hope this gets sorted and settled quickly. Oh course that includes you being here with us while your hubby is doing his thing. Big hugs,

I heard from my lawyer today. He has tentatively set an appointment for Wed. afternoon with the shrink in Victoria. Now here's the rub - it's going to cost me between 3 and 4 grand!! I'm so torn! We have not seen the presentence report yet so have no idea whether it's favorable or not - thinking that it is but until we actually see it who knows for sure. The shrink (I call him that because I can't spell what he really is lol) said he would have to ask me a lot of really hard tough questions not only about me and my past but also about the events of that day - including stuff to do with the charges that were dropped. (I have no problem answering the questions - there is absolutely NO history of any kind of violence or similar behavior in my past.) He wouldn't be stating anything in his report to do with the dropped charges but would be using my responses as part of his opinion. He, of course, can't guarantee a favorable report either - he has seen some of the material about the case but not all and will be getting the rest if it's agreed I will go. He would also want to call my sister and daughter, which I don't think they would have a problem with as they've already spoken to the probation lady. My lawyer said seeing him could be unnecessary but if it's a favorable report it would "put me over the top" and almost guarantee a sentence at home. And by seeing him it would definately put of my sentencing date. I'm also freaked because it looks like I will have to go over to Victoria by myself and I haven't a clue how to get there. Oh and I do have the money in the bank to pay but it was supposed to keep the apartment going if I end up going in. I guess I've pretty much answered my own question before I even ask it - but do you think I should go and see him? I have until Monday at the lastest to give an answer.

Just an update on the presentence report. It was given to my lawyer today and much as he doesn't like to let that stuff out of his office he faxed it to me at work. I'm a bit disappointed in it as it goes into my upbringing much more than my life. She really focused on issues in my childhood and didn't even touch on the kind of adult I have been (and I'm over 50) or the life I have led, other than my 2 bad marriages. The tone of it however, is that I am genuinely remorseful and willingly acknowledged my part in the offence. And she did say that my daughter thought I was an awesome mom and that if anything it has brought us closer together. My sister's poor opinion of ringo shines through and she's only met him twice and never had a one-on-one conversation with him. She based her opinion on the fact that we committed an offence. And my best friend of 27 years was not even contacted. The probation lady gave her recommendations for conditions if a conditional sentence is granted (reporting, counselling as directed and no contact with the victim). It annoyed me that she got my year of birth wrong but she DID make me 2 years younger lol
So I guess going to see the shrink is a good idea. Perhaps with him I can get across the kind of person I am and not focus on how lousy my parents' marriage or how rotten my childhood was. Seems to me that it should be more important what kind of a life I have lived.
I will be talking to my lawyer again tomorrow now that I have read the report more carefully and pointing that out to him as well.

Dont be discouraged by this, remember they are on the other side of the table and their job is not to paint pretty pictures. If that is the worst they can say then you go see the shrink and I have faith this will go threw in a much more positive way then this has made you feel. My prayers are with you. Stand fast and keep your head held high.

Thanks hon!! Talked to my lawyer today and asked him about why they focused so much on my past - he said it was actually a good thing. It shows that I've been through a lot of crap and may give some insight as to why I got involved. So I guess I was looking at it the wrong way. I may not even have to appear in court on Thurs. - they'll just make a new date. So I'm off to Victoria bright and early tomorrow morning! I'll let you know how that goes.

Good luck Sue!!Let us know how it goesT

Good luck but I have a feeling you wont need any luck. Travel safe !!

hope today goes smoothly!

Well Im hoping you come on soon so we know how it went. I have a feeling that you will be relieved. Crossing my fingers and toes that it went well for you.

Hugs,

It went awesome! The doctor was really wonderful - very easy to talk to. He told me right up front not to bullsh** him because it would just be wasting my time, his time and my money and if the prosecutor felt the report was based on false info it would be meaningless. Anyway, it took about 2 hours and covered so much territory. He asked me to clarify the part my sister said so I was able to explain what her opinion was based on. At the end of it all he said he was confident that his report would strengthen my lawyer's case and be very helpful to me. That's when I broke down in tears and thanked him. He also said he felt that I was not in a controlling relationship but that I had been led that day. He suggested that he would put in his report a recommendation that I get some counselling mainly so I would have a nonjudgemental person to talk to. I just wanted to hug this man by the time it was all over.
I also told him a bit about PTO and the wonderful support I've been given here in a totally non-judgemental way. I didn't tell him what the site was as I wasn't sure if I should. He was pleased to hear that though.
I do have to appear in court tomorrow morning but it will just be to set a new date for sentencing and I will be going into work after as it's my order day and there will be a LOT of stock to get out!
All in all tonight I feel better than I have in a long time! ringo called 5 minutes after I walked in the door (at least an hour earlier than he expected me home) just because his intuition was telling him I was here. lol
OMG I'm going to sleep well tonight - it's been a long day!!!

Oh this is really good news. Well if he recommends that then Im sure the court will listen to him. Sue I am so glad you went and you sleep really well. I think the worst of things are over now. Good luck tomorrow and dont work too hard.
Isn't it funny how our husbands know when to call sometimes. I swear there is an invisible thread between us always.

Thank you witchlinblue! It's still up to the court of course what sentence I get but I'm more hopeful than ever that I won't have to go in.
There has always been that thread between us but it seems to have gotten even stronger since he went in! It's a wonderous thing! Ain't love grand!? lol
Funny - in spite of the reason for the trip it was a lot of fun to spend the day with my friend. We're planning to go again as just plain tourists when this is all over. The island is really a beautiful place and we both found the 1 1/2 hour ferry ride to be very relaxing. It's been an awfully long time since I just had a girl's day out!

I was there back in 1970 something, a very long time ago. I would like to go again some day. I think my son would love it there.

SUE!!

I am so happy that it went well. I am crossing my fingers. Let us know tommorow how court goes and what the sentencing day is.

T

Well I'll be home for Christmas!! My new date is Jan.12. My daughter and I were sitting in the nearly empty courtroom waiting for my lawyer (who got caught in traffic and was 15 minutes late) listening to the prosecutor and the clerk talking about me. He was telling her about the case and they were laughing it up, making jokes about the fact that we were having the psychiatric assessment done and we did hear the words conditional sentence - just couldn't quite get the whole thing. When my lawyer arrived he spotted me right away and gave a little wave on his way to the table. The clerk says - so are we just waiting for this girl now? You should have seen the look on her face when he said, "No she's sitting right there." I felt like bursting out laughing!! Maybe they'll learn to be a little more discreet. The prosecutor brought up the CSO to my lawyer and asked him to send him something in writing about the conditions he had in mind. He seems to be concerned that because I'm living alone there would be nobody to monitor it. My lawyer said to me afterwards that he didn't see that being a real concern because it's up to the probation people to work that out. My lawyer also felt that the prosecutor seemed to be softening his stance and had been ever since he had mentioned the name of the doctor to him. He's really hopeful now that we can go into the sentencing with a joint submission for a CSO.
So life goes back to "normal" for the next month.
As for today - I called my gal at the store and told her I was exhausted and had a raging headache so wouldn't be in after all and I'd see her tomorrow. I was scheduled off today so it doesn't affect anything. I think I just need the afternoon to snooze and recoop!
Thanks so much for sticking with me through this ladies! Your support has done so much to keep me going here!!
Sue

YEEEHAAA!
to all of that!
:D :thumbsup: :hifive: :clap: :clap: :clap:

Good news Sue that you will be home at Christmas and I am glad you had your daughter with you:).Keeping you in my thoughts, stay strong and positive!

Oh I am sooooo happy for you!! It all sounds positive! We will all think positive for you here.

T

Very good news and a happy Christmas to you !!!

im going to be getting a psr report shortly is there anything i should know before i go infor this ??