View Full Version : Pre-Sentence Interview scheduled for Friday 10/3/03


monicajoyner
10-01-2003, 10:43 AM
Ok... scheduled for my PSI to occur on Friday. Possibility that my attorney will be in court on another case. Help, I need to know how these usually go and any tips or hints that anyone can offer. Of course, I know to be completely honest with them because if I don't they will find out. But I am looking to hear about other experiences with the probation officer. This will be our first meeting but I assume he will be my PO from here on out. I am trying to get ICC recommendation from my PO also.

Thanks for your replies in advance. Or PM me.

monicajoyner
10-03-2003, 03:28 PM
PSI was a breeze. Or so I think. Pretty standard questions. I will see how the PSR looks. He said he should be done by the 23rd of October and then he will forward the report to me and my attorney. Thanks for all the replies on this forum. They really helped. If anyone has a PSI coming up, feel free to PM me with any questions. Basic family, financial, mental , physical stuff.

Saddlegait
10-08-2003, 08:49 AM
My husband went to his PSI eight weeks ago. Two weeks ago he got his report which contained nothing of the truth in it. It was basically a "rewrite" of accusations of the IG. The Officer conducting the PSI did not talk to anyone other than my husband and his lawyer the 30 minutes he sat with them and then simply wrote up what the IG said he wanted written. It was all rather disgusting before it was over. We have been told however, that he can file objections and "re-review" the details with the Officer at that time.

monicajoyner
10-08-2003, 09:20 AM
Who did the PO contact in your husbands case?When does he go for sentencing. Doesn't he have to raise the objections prior to his sentencing?

Saddlegait
10-08-2003, 09:25 AM
The PO called my husband the DAY BEFORE he was supposed to go to his plea hearing. He was all over my husband about how he only had 12 hours to schedule an interview. Then, he called the attorney and they scheduled the interview right after the plea was entered. It had been about 6 weeks at that time since the plea agreement was signed and entered yet he waited until the last minute. He just didn't want to work that hard from what I can tell. But, that is pretty much how my husband's case has gone all along. They (agents, investigator's, AUSA) have believed and followed what they considered to be the easiest leads to follow. Their level of effort on the investigation of the entire case was very low. It is a long story and the crime for which my husband bargained is rather bogus, but he did allow himself to get involved in some things he should have avoided though he did not see how to avoid them. When you look at all the details, it is someone comical how they have followed what first one person then another said happened though the reality of the entire thing is so ludicrous, anyone in their right mind would know it is not possibly true. But, like I said, they choose the easiest paths to follow and are just not willing to work as hard as they should to find the real truth.

monicajoyner
10-08-2003, 12:42 PM
Thanks for the info. When I get my report back, I will post to this thread how accurate my report is. This is just another thing in this abismal process.

Searcher
10-23-2003, 06:38 PM
I do PSI's and it takes me at LEAST 30 days. Some have GREATLY helped the defendant and some have hurt them very badley. The truth is, they can be very unfairly damaging if the officer is unprofessional and not objective. I have done PSI's for Sex Offense's against children that I felt the defendant was a monster, but still my PSI helped him. It's not easy as we are all human with emotions so, If I was a defendant with a bad criminal history, signs of not conforming to basic levels of societies norms,bad work history and bad social realtionships Id would dread to hear a Judge ordered a PSI. If those things (and more) I just listed are pretty good then I'd be greatful for a PSI. Bottom line, how proffesional is the person doing the report.

monicajoyner
10-24-2003, 06:18 AM
Thanks for replying sercher. I thought that PSI's were required in all felony cases? Anyway my PO has made a motion to my sentencing judge that my sentencing date be moved back to allow him to complete the PSR. My original sentencing was November 10. I would have thought that 37 calender days would have been enough. I think my PSR will help me. We will see.

Saddlegait
10-24-2003, 07:00 AM
Searcher, you are a God Given gift to the federal criminal justice world. Please never quit and never give up on your convictions. In the case of my loved one, the AUSA and Investigator tried for six months to get him to confess to something he didn't do. The material evidence pointed to him telling the truth and he took a lie detector and passed with flying colors. The agent intimidated one of the parties involved into making a statement that he openly admitted was written by the investigator and signed by him out of fear, that was the story the investigator wanted told. Anyway, they could not get what they wanted, but when the PSI came back guess what it said? The story it laid out about the crime was EXACTLY verbatim what the investigator has tried for the last year to get Hubby to say happened. So, despite all material evidence discrediting and all testimony but one under duress, and the lie detector, they still published a complete work of fiction that makes my husband out to be a complete villian. Attorney has advised that this is the only document whereby hearsay can be published as it is a sealed document and can not be used as evidence so the federal rules of evidence don't apply. This PO NEVER once contacted me though he said in the PSI he had, he NEVER contacted any family or friends and deliberatly ommitted letters that were presented to him on behalf of my husband! Arguing it has only enraged them more and resulted in increased harrassment by the investigator! So, I pray for you and thank God for you and hope for every one that gets the abuse we have gotten, there are three that get you.

Searcher
10-24-2003, 09:11 PM
Actually Saddlegate I am not employed by the Federal Government (have been in the past, but not as a PO) I work for State Probation and Parole. The Federal system is not for me. less control over your case load and to many politicians to answer to. The Federal PO in my area agrees my job is better but his pay is a little more and better retirement. It's all close to the same though when it comes to Probation/Parole Investigations regardless of State or Fed. And you are entirely to kind! Many of my 190 clients dislike me I'm sure!! But, the "criminals" hard core ones that know the deal! get along with me just fine.

schweetie
10-25-2003, 07:25 PM
Searcher - My guy had a problem with his pre-sentencing - one of those real doozies that leaves you shaking your head. Part of someone else's report got into his on the computer. We saw it during the last 5 minutes before sentencing, and his dodo of a lawyer said it would make no difference in his sentence, since it was a plea-bargain. (one of the more interesting insertions was a statement that he had 8 or 9 different aliases - all Spanish. He hasn't been arrested enough to give that many false names, and besides, he's over 6 feet and Swedish.) After he went in he had 5 transfers in 6 weeks, and then it was Christmas and the writer was on vacation, and the lawyer failed to act, and by the time he got to the law library to try to do an objection, it was no longer timely. God, I love the system!
Unfortunately, it did have an effect, and his first parole was denied since he showed no sorrow for being such a scoffer at the system.
Wish he'd had you!!

Searcher
10-25-2003, 10:46 PM
Forget about the PSI as its done with and he needs to get rid of the chip on his shoulder as it will ONLY hurt him (even if its's legit). The Parole board wants to see an inmate that as taking advantage of the programs in the prison, no disiplinary right ups and an ablility to articulate a genuine understanding of what they did do wrong and a plan to make thier life better if released. The worst enemy of someone seeking Parole is one who has an attitude who can't hide it!!

offpaper
10-26-2003, 02:48 PM
WARNING!!!!
Without seeming to: give the absolute minimum about info for your PSI. Seem like you are cooperating and being helpful, but say as little as possible. If you are a good guy, you probably want to be helpful and cooperative. Big mistake. The system will twist every word possible and use it against you in the future. Anyone else agree?

Saddlegait
10-27-2003, 07:48 AM
We were told that the PSI is a "sealed" document in Federal cases. Not to mention, to object to it just riles them up and we have much to lose by "riling" them up. This is such a corrupt world and we have to survive in it and deal with people I find to be sleezier and slimier than anyone I have met of the "criminal" element my husband was associated with! I do understand that there are heavy workloads, difficult people, etc., but how can anyone publish information on someone without first verifying its accuracy? Like I said Searcher, please don't give up your fight to help people. You are a gift to the world.

Searcher
10-27-2003, 09:22 AM
The PSI is the property of the requesting court, the only people that should have one is the court and the agency that drafted it (DOC). For no reason should a Probation or Parole Officer give copaies to treatment agencies, law enforcement, Departmen of Human Services or even the defense attorney (the defense needs to get it from the clerk of courts). And, yes to "object to" a PSI is fairly risky.

Saddlegait
10-27-2003, 09:38 AM
Thanks for the response. This is all so very frightening. The PSI in hubby's instance is a complete work of fiction outlining things everyone wanted to believe with no factual basis to the truth. We were so shocked and felt so betrayed when we got it. This makes objecting or not objecting doubly frustrating. Things were deliberately ommitted as they would have made the fiction so obvious. We are certain that the investigator has a copy as it is written pretty much exactly like the testimonies he wrote and intimidated a couple of people into signing. We don't care as long as it doesn't get out because it isn't really the truth and I dont' think it will change his time at all. That is the same no matter how it is written. There is no violence in it, just fictitious events, occurances and details. But, to argue would just invoke an entirely new frustration that we are unprepared both mentally and financially at this point to do. The worst part about it was that it mentioned several times my involvement though one and all have agreed that my involvement was only because I married this person and not because I actually DID anything. Yet, it makes several statements that would be very detrimental to me if they did come after me and if they could use it as evidence against me since hubby will have signed it. It is legal blackmail as far as I can tell. They say these things and then dare you to disagree with them. The fear of their wrath is far greater than the fear of fiction being published regarding your circumstance. We were assured that it could not be used, under any circumstance, as evidence as it is the only document which allows hearsay which is against the Federal Rules of Evidence (as if those have been followed at all).

Thank you for your time and the information.

Ingrid
12-08-2003, 01:43 AM
Originally posted by offpaper
WARNING!!!!
Without seeming to: give the absolute minimum about info for your PSI. Seem like you are cooperating and being helpful, but say as little as possible. If you are a good guy, you probably want to be helpful and cooperative. Big mistake. The system will twist every word possible and use it against you in the future. Anyone else agree?
I can see how you'd come to this conclusion Offpaper - and in some situations, I'd agree with you - (and here comes the `but'...). When I write a PSR (we call them PSR's - same thing really) or indeed any report - you can generally sniff out half a truth - and if you're like me, you'll dig until you find out what the `guts' of the story is. I have to be honest - once I find out someone has told a partial truth, lied by omission, lied flat out - or just disrespected the report process - and me - it doesn't make for a happy picture. I don't view it as a personal thing and would never make up a load of bollocks just to get `even' - but it certainly doesn't do you any favours in the long run. Over the years, you get good at sniffing out the truth - and listening for bits and pieces that don't fit into the big picture. As with any professional process, there are the good the bad and the ugly - I'm sorry some of you have experienced the bad and the ugly side of it. I know over here, you can certainly make written complaints if you feel that you've been seriously hard done by and usually, the PO's Manager will look into it for you. Easier said than done though, I know - but it's likely that something can be done if you've been seriously wronged.

Interesting topic - I've enjoyed reading it - thanks :).

monicajoyner
12-08-2003, 06:54 AM
All,

Since I started this thread, I thought I should tell all about my PSR that I received last week. If you remember I did my PSI alone on 10/3/03 and I received it on 12/03/03. A lifetime if you ask me. Anyway, from the looks of my PSR, I must be one of the good guys. It was verbatim from my PSI. Therefore, I say this little section of this big process has restored a very small bit of trust that I have in the judicial system. I has proven to me that every government worker is not corrupt or just evil. My PO is not my best friend or even a friend but I know that he checked each of my statements and when they checked out he actually printed it accurately. I hear that the PSR can change but I figure that I would have to sign it before it goes to the judge. Hopefully the report that I read will be the one that the judge will get.

pasco323
03-25-2004, 11:21 AM
What are these guys asking.If I only pleaded because my lawyer says I'll get 10 years I can't tell them That.What about how much $ I have in the bank ect real estate what do they want to have me pay for all the restitution or what??Pasco