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Old 11-16-2017, 10:39 AM
familyalways familyalways is offline
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Default PSI states: "Complete disregard for criminal justice system, the law" etc.

My brother has his sentencing hearing coming up. He received his probation report, he has been arrested a lot as a juvenile and adult. The report states the the probation officer said The defendant complete disregard for the criminal justice system, the law, and the community, as well as his continued criminal activity and violation history, he is high risk for recidivism and continued threat to the community. He also recommended drug treatment and a mental health evaluation. Will that make the judge give him a upward departure on his case.?Also when the us probation offer came a did his house inspection he stated that he would possibly be released in 18 months being he was getting time served and he has already been there for almost two years. This is his first time having a case with the Feds all his other cases are state.

Last edited by familyalways; 11-16-2017 at 11:19 AM..
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Old 11-16-2017, 11:44 AM
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Your brother and his lawyer need to study the PSI and then formally challenge , on the record, the POs negative opinions, which are just that, his biased opinions. The contents of your brother's PSI are definitely PO driven, so it matters who writes the report. The same is true about federal judges, who have complete discretion on every sentence they impose now that the Supreme Court changed the sentencing guidelines from mandatory to "advisory".

I also had a very nasty PO who did my PSI, so my opinion is that the office supervisor assigned the PSI duties to someone who would look for every possible negative to report. I asked my judge to explain how the criminal history of my adult daughter's roommate, in her own house, had anything to do with me since it was included in my PSI. The PO, who I only met once during the interview, even came to my sentencing and sat in the jury box glaring at me the entire time, WTF his problem was is still a mystery to me.
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Old 11-16-2017, 11:47 AM
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>Will that make the judge give him a upward departure on his case.?

That's a question for his lawyer, who knows how that particular judge thinks.
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Old 11-16-2017, 11:47 AM
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Quote:
Originally Posted by fbopnomore View Post
Your brother and his lawyer need to study the PSI and then formally challenge , on the record, the POs negative opinions, which are just that, his biased opinions. The contents of your brother's PSI are definitely PO driven, so it matters who writes the report. The same is true about federal judges, who have complete discretion on every sentence they impose now that the Supreme Court changed the sentencing guidelines from mandatory to "advisory".

I also had a very nasty PO who did my PSI, so my opinion is that the office supervisor assigned the PSI duties to someone who would look for every possible negative to report. I asked my judge to explain how the criminal history of my adult daughter's roommate, in her own house, had anything to do with me since it was included in my PSI. The PO, who I only met once during the interview, even came to my sentencing and sat in the jury box glaring at me the entire time, WTF his problem was is still a mystery to me.
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Old 11-16-2017, 07:02 PM
rockchalk1 rockchalk1 is offline
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Quote:
Originally Posted by fbopnomore View Post
Your brother and his lawyer need to study the PSI and then formally challenge , on the record, the POs negative opinions, which are just that, his biased opinions. The contents of your brother's PSI are definitely PO driven, so it matters who writes the report. The same is true about federal judges, who have complete discretion on every sentence they impose now that the Supreme Court changed the sentencing guidelines from mandatory to "advisory".

I also had a very nasty PO who did my PSI, so my opinion is that the office supervisor assigned the PSI duties to someone who would look for every possible negative to report. I asked my judge to explain how the criminal history of my adult daughter's roommate, in her own house, had anything to do with me since it was included in my PSI. The PO, who I only met once during the interview, even came to my sentencing and sat in the jury box glaring at me the entire time, WTF his problem was is still a mystery to me.
I think they always come to the sentencing. My husband's was nice and meek and after she interviewed me, she said "I'll see you at the sentencing". She too sat in the juror box.
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Old 11-16-2017, 08:07 PM
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There will be a challenge to that statement and anything else in the report that might cause an upward departure.

If he has an extensive record, multiple parole or probation violations and the like then yes, it could in combination with those highlighted facts cause an upward departure. A lot will also depend on what he has to refute such allegations. Either way, drug treatment and mental health evaluations may be a good way of actually getting him some appropriate help while he's inside. I hope for his sake he's been clean inside, and has been doing AA/NA and anything else to show that he's not the kind of man probation and parole says he is.
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Old 11-17-2017, 05:45 AM
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Yes I expected him at the sentencing, what I didn't expect was his open show of animosity towards me, which was very obvious, and completely unjustified. I imagine his demeanor was meant to negatively impact my judge, even more than his biased PSI report already did.
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Old 11-19-2017, 07:52 PM
bellisq bellisq is offline
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The Criminal History part of the Guildelines accounts for the multiple past charges. Only 2% of all cases get an upward departure. If he's looking at a guidelines that results in a 3.5 year sentence, I would be surprised to see an upward departure.

If you have the funds for a psychiatric evaluation, by all means encourage the defense to bring one in, and use one that the judge respects. It's something a good defense lawyer can learn from the legal community.
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