Legal Question in Criminal Law in Minnesota
what do i say to a judge during a presentence investigation - i have been found guilty of a crime that i did not commit and have been asked to write my side of the incident
2 Answers from Attorneys
In this situation you will be talking to a PSI (pre-sentence investigation) officer. They will sit down with you and run through your life story. This is generally not done to with the Judge. It is important that you be as calm and reasonable as possible while going through the PSI, as your reactions, attitude, and responses will be recorded for the Judge to review later.
You do not say anything to a Judge in a Presentence investigation. The presentence investigation is performed after a plea is entered. A person then meets with a probation officer to discuss their background, finances, and thenature of the offense. Ultimately, the PSI then records the information and makes a recommendation to the court for sentencing based on state sentencing guidelines. After you entger a plea, your options are limited. As a result representation is critical.
If you disagree with a PSI, at sentencing, you may submit your own information for consideration or refute information included in the PSI. You may also seek a different sentence from that recommended.
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